minsal (Jr. Advocate) 29 November 2016
A criminal complaint is filed against my client u/s. 138 of N. I. Act. After direction given by the Hon'ble court the complainant since last two adjourned dates is neglected to file an affidavit of evidence in support of his complaint.
Under the circumstances can accused make an application for close the case of the complainant? under which section?
Any other remedy is available for the Accused?
Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 29 November 2016
File application in Court to dismiss the case, for want of compliance as compliantant failied to file supporting affidavit
Mukesh sharma (job ) 30 November 2016
Hi Minsal if other party failed to show support aviddence on time in court than you file application in court for dismiss your case due to unsuccess for show support document....
Samarpan (M)99958670740 (Free legal advice and legal aid cell) 30 November 2016
If the accused has not been summoned, and the court direction relates to presummoning evidence, then accused has no locus standi to move any application. If the accused has been summoned after presummoning evidence, then accused can move application for dismissal of criminal complaint.
R Trivedi (advocate.dma@gmail.com) 06 December 2016
minsal (Jr. Advocate) 10 December 2016
Thank you experts for your valuable advise.
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