revision against dismissal of complaint
ROY THOMAS
(Querist) 01 January 2010
This query is : Resolved
can a majistrate dismiss a private complaint (138 NI Act) only for the reason that no steps were taken.
earlier several steps were taken and even by hand warrant was served on the authorities but all in vain as the accused frequently changes his residence
accused residing at Tamilnadu and complainant at kerala
Devajyoti Barman
(Expert) 01 January 2010
If the summons could not be served upon the accused person then leave for paper publication for public notice can be prayed for. The Court without exploring all the methods of service of notice could not dismiss the complaint unless it can be shown that the complainant did not comply with the directions of the court regarding notice of the case is concerned.
Prefer a Revisional application u/s 397 r/w 399 of CrPC before the Sessions court or u/s 401 of CRpc before the High Court.
Srinath Kondapally
(Expert) 01 January 2010
yes,mgistrate can dismiss where there is default on the part of complainant
Arul Kumar
(Expert) 01 January 2010
I Agree with Mr.Devajoyti.
Sukhija
(Expert) 03 January 2010
yes,mgistrate can dismiss where there is default on the part of complainant
