viren256 (student) 05 July 2011
A criminal case with IA's under Section 138 NI Act has been dismissal for default ( Party did not appear).... Case has been recalled.Question is now that the case is recalled do we have to file fresh Interim applications or will the IA's already passed remain unchanged.
Any case laws or relevant sections to this effect would help.Thankyou in advance
P V Namjoshi (pvnamjoshi@gmail.com) 12 July 2011
The proceedings relates back and commences from the time when it was dismissed.
Sajeev Menon (Legal Consultant Dubai 00971 508836442) 13 July 2011
Hi Due to no appearance of the complainant, if the 138 matter is dismissed, it cant be recalled and restored. The aggrieved party has to approach the high court to get it restored.
P V Namjoshi (pvnamjoshi@gmail.com) 14 July 2011
Generaly the proceddings relate back but if the wisdom of judge does not work move fressh application.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
