u/s 138 N.I.Act.
Pawan Mittal
(Querist) 09 September 2008
This query is : Resolved
1. I had files a case u/s 138 N.I.Act.
2. The accused has not taken the summons.
3. The MM has issued BW.
4. The accused appeared before the MM.
5. Bail was granted and accused asked to provide the copy of complaint. MM refused to give it. he stated that u have alredy got it and I am not going to give it again.
6. He has moved an application to ADJ.
7. ADJ granted the stay but we have not received any suummons for it.
8. The MM, sine die the case
What I should do it ?
sanjay kumar patibandla
(Expert) 09 September 2008
your 8th point should have some clarity.
As per my view
You appear before the ADJ on the date of hearing even if you have not served with summouns and say no objection to give copies to accused to save time. Than revision will be closed. Stay will be vacated. Case before the MM can try.
Srinivas.B.S.S.T
(Expert) 10 September 2008
Pretty well clarified by Sri. Sanjay Garu. The copies of the complaint and relevant documents are to be furnished by the court as no complaint filed without copies to the accused whether under section 138 of NI Act or under any IPC offence and also any civil suit without enclosing copies to the defendants shall be bound to return by the administration staff. If not the accused can apply for certified copies of the same or in cases of IPC offences he can claim his right to have copies under 207 Cr.P.C. I wonder how the ADJ allowed the application and granted stay. The ADJ must have observed that without having the knowledge of allegations in the case and parties to the case the Accused has file a bail petition in the lower court to recall the warrant against him.
Pawan Mittal
(Querist) 10 September 2008
Thanks, Mr.Sanjay,
8th Point:- The MM sine die the case till the final disposal application filed with ASJ.
I do agree with your view.
Please also tell if I appear before ASJ :-
1. should I give copy of complaint to advocate of defence or just say no objection.
2. what procedure will be followed later on to start the case before MM.
3. I want to know after passing the order by ASJ to vacate the stay. how this order will go to MM and how MM will fix the next date of hearing
sanjay kumar patibandla
(Expert) 16 September 2008
1). Just say no objection first, if the asj insisted to give copy give it to the defense advocate.
2). Take a certified copy of the order and file along with a memo before the mm and ask for adornment.
Otherwise asj will sent it to mm court. but it will take some time.
