Shambasiv (n/a) 31 March 2010
In 138 proceedings, NBW was pending against the accused, but the same could not be executed. However, the court has dismissed the complaint under Section 203 CrPC on the score that the NBW was not executed. Whether it is possible? Whether a appeal would lie against the said judgment or one can approach the High Court under Section 482 of Cr.P.C? Please clarify the correct position with judgments if any?
Arvind Singh Chauhan (advocate) 31 March 2010
I think your query is not clear. Court can not dismiss complaint on non execution of NBW. It may be if the complainant is not taking further steps or not appearing. If it is so revision before session judge may lie against the order of dismissal of complaint.
Devajyoti Barman (Advocate) 31 March 2010
The order seems to be totally devoid of any legal principles making it absolutely bad. You can approach either the sessions court or the high court in revision for setting aside the order.
G. ARAVINTHAN (Legal Consultant / Solicitor) 31 March 2010
complaint dismissed ok. accused acquitted or not?
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 25 May 2010
There will be revision and file will be restored.
RAJESH KUMAR.J (ADVOCATE) 23 August 2011
AS PER NEW SC CASES NBW CANT ISSUE AGAINST ACCUSED ONLY DISTRESS WARRANT WILL BE ISSUE
Kiran (manager) 24 August 2011
@ Rajesh Kumar
Sir what is distress warrant exactly
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 24 August 2011
after dismissal only revision and less possibility of restoration.
RAJESH KUMAR.J (ADVOCATE) 24 August 2011
ATTACHMENT OF MOVABLES AND IMMOVABLES IS DISTRESS WARRANT
Kiran (manager) 26 August 2011
Thanks a Lot Sir,
Sir what if the person is not having any movable or immovable property in his or her name. Then what will be the outcome of distress warrant.
madhu mittal (director) 26 August 2011
Sir,
I have got restored my complaint at trial court level itself by showing some paras of some citations. I am enclsoing herewith those for your ready reference, those may be helpful to you.
Advocate. Arunagiri (Advocate High Court Madras.) 01 September 2011
Your case was dismissed for non appearance. If the complainant had not appearaed during the hearing the magistrate ought to order notice. If the complainant is absent even on that date, he can dismiss the case.
In your case it seems the magistrate had dismissed without sending notice.
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