LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay Pal Singh (Retainer Lawyer)     07 January 2010

Restoration of Complaint

Dear,

Complainant and advocate both did not appear consequently the complaint filed under section 138 of N.I.Act dismissed. Now, how can the complaint be restore? Is there any time period for restoration. Kindly help and provide SC citation on the matter.

Ajay

 



Learning

 2 Replies

Raghav Sood (Lawyer)     07 January 2010

file petition US 482 Cr.P.C with a sufficent cause greater chances of restoration of complaint no SC will be required

 

B.N.Rajamohamed (advocate / commissioner of oaths)     09 January 2010

Dear Mr.singh,

                                      There is no provision in criminal law that too for the private complaint for restoration . But the law commission of india has forwarded a recommendation for amending the Cr.P.C. for introducing the provision for restoration of complaints.

                                       What you can do is now you have the option only to file a crimnal appeal against acquittal U/S 378(4) Cr.P.C. before the High court. or you file a petition to quash the order of the trial court U/S 482Cr.P.C. Before the high court. This is the only remedy.

 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register