minsal (Jr. Advocate) 29 November 2016

138 of n. i. act.

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?

Reply Follow

5 Replies

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

Under NI act, magistrate cannot summon the accused without complainant evidence in the form of affidavit. There is no need for examination in chief in presence of accused. Summoning order is bad in law if issued without complainant evidence.