Dear learned experts,
I filed case under section 138 of N I act .Accused did not turn up many a time .complaint file
d a petition for personal service of summons on the accused.Inward number is there.in the mean time case was called and dismissed on the ground that , the complainant did not filed proces despite giving the time hence dismissed but fault is on the criminal cases clerk as she did not bring notice to the honorable court.
under these circumstances, can the honorable court may revoke the case and restore as it is by filing petition for the same?
kindly advise on this .Thanq In advance
The court cannot revoke the decision of dismissal
You have no other choice than to file an appeal before high court to set aside the magistrate court's order
