Restoretion in N.I.Act

Neeraj Arora (9897136755) (Querist) 08 January 2009 This query is : Resolved
Dear Experts
I have filed a SUIT of 138 N.I.Act and due to absent of me (complainent) on one date court has dimissed that. can this (criminal)suit be restore and in which provision.

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Srinivas.B.S.S.T (Expert) 08 January 2009
File a revision petition against the order of the magistrate before the sessions court.

Jatin Sapra 9312223345,Delhi (Expert) 08 January 2009
Dear Mr. Arora ,
First of u have to tell us whether the accused had appeared in that case or not if not then u have to move to High court.

RAKHI BUDHIRAJA ADVOCATE (Expert) 09 January 2009
Both remedies are available to u.

mahendra rai jain (Expert) 10 January 2009
there is no provision at all according to act but there is number of citations of various highcourts are available. search tham and go for according to such circumstances..

MANISH (Expert) 10 January 2009
Dear Mr. Neeraj,
The best and the easiest option available to you is to file Revision before Sessions Court.
In most of the cases, it has been held by the Sessions Courts, that such cases have to be Restored "in the interest of justice, equity and good conceience".

Even I have done the same in one of my cases, and I got relief.

J K Agrawal (Expert) 10 January 2009
Bhashkar Industries v Bhawani 2001 7 SCC 401 It is not necessary for complainant of s 138 N I Act to remain present in the Court at each and every hearing.

Pl go to the Sessions court or High Court.

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