revision dismissed by session court - please anwer
mahesh verma
(Querist) 07 March 2009
This query is : Resolved
i filed one case of negotableinstrucment
for recovery of amount due to dishonour of chque. the trial court issued summon to the accused and fixed a date for his statement. on the hearing date i could not attned the court as well as my lawyer could not attend the court. the trial court dismissd the case under section 256 of cr.p.c. I filed a case before session court for revision of the case but the session court also dismissed the case under section401 , 256 (1), 378 (3)( 5 )
401 (5)
please advise me now, what step could i take to prosecute the accused under negotiable instrument act 1881
AEJAZ AHMED
(Expert) 07 March 2009
Dear Mahesh,
What happend after Sessions Dismissal Order:
(a) Didn't you preferred any further Revision Appeal to your State High Court ?
(b) What is the Date of that Dismissal Order ? Is it under Limitation ?
Particularly on the issue of this N.I. Act, there are several orders of Different High Courts, and I think Apex Courts Order is also there; only on 'Non appearance' of either complainant or his counsel case can't be dismissed.
M. PIRAVI PERUMAL
(Expert) 08 March 2009
Mr. Aejaz can you plz provide me the apex court citation.
A. A. JOSE
(Expert) 09 March 2009
Further details as sought by Mr.Aajez please.
B.B.R.Goud.
(Expert) 10 March 2009
only because of non-appearance alone, it shall not be dissmissed.
you can move the revision petition before the high court, if the dissmissal order is within the limitation period.
MANISH
(Expert) 11 March 2009
Dear Friend,
The order of Revisional sessions court is not a good one. YOu can move to High court and file a revision / appeal.
It has been mostly observed in most of the cases, that when a case is dismissed in default then the courts must have to take a linient view, and have to set aside the order or dismissal. Even in one case, the Supreme court has also held the same and gave its opinion that mere one absence may not led to dismissal in default and a linient view must be taken by the revisional courts, and must revive the case in the interest of justice.
Apart from criminal case, you are having options for civil proceedings also. Such as suit under order XXXVII CPC, or suit for recovery.
