Section 138

Your query is not very clear and vague for consideration and formation of an opinion and oblige.

Either reframe the facts and post it another thread or seek professional services of another local lawyer.

It appears that your friend has used that  3 stolen cheque and presented for payment and on bouncing, he has filed a complaint under Sec.138 which is pending before the court, and the complainant is not evincing interest and the case is being adjourned (Your version)

Now when the matter is in court, let the court deliver judgment and now Govt is fixing a time frame within which such Sec.138 complaint has to be disposed of.

Members are not competent to decide whether the case will be dismissed by the Judge in the future or not.

In the stated set of facts, if the complainant is not appearing on the dates fixed then an application under Section 256 CrPC may be moved by the accused person.

Regards

What was the reply you had furnished to the statutory notice?

What prevents you from funishing the specific information sought? It is the pre-requisite for an action under Section 138 NI Act that you should have been served with the notice demanding payment of the  debt you allegedly owed to the complainant.

138 Dishonour of cheque for insufficiency, etc., of funds in the account. —Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for 19 [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless—

Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.]

It is the allegations levelled by complainant in his complaint against which the Trial Court had issued summons to you.

Contents of notice shall form part of complaint, which are to be looked at the time of cross-examination of complainant and final arguments.

Did you file any police complaint for theft of 3 signed cheques by the complainant ? If so, what is the progress / proceeding in the case ?

The amount of Rs. 3 lakh stated to have been given to you in "cash" is again a point to be verified by your lawyer in cross-examination of complainant such as source of income, whether the complainant used to keep so much amount in his house, at what time / place, whose presence the money was given to you when you were abroad, any written receipt etc. etc. 

The facts posted are inconsistent and hence less than convincing. No meaningful suggestion is possible if you play hide and seek with the  facts. 

The problem with some of the posts is that they do not provide bare minimum details and for a simple query that can be closed with two or three is prolonged to ten posts, and by the time the last reply appears, there is no link in between the actual query and final settled issue and guidance.

The following is the original query: " My advocate allowed 205 & he is appearing on behalf of me but the complaint person not proceeding his case. I asked my advocate to dismissed the case but he is not ready to dismiss it My question is can this case will dismiss or not?  (Friend stealing 3 cheques, presenting it, and filing dishonor complaint)

The following is the fact: "Sir case is totally cross-examination completed but the complaint person could not file evidence .now he is approching my advocate for compromise. " 

Originally posted by : BIDHU BHUSAN PATTANAYAK
	Sir case is totally cross examination completed but the complaint person could not file evidence .now he is approching my advocate for compromise.

Either you are not aware about the facts of the case, which is a false and fabricated story

or

You could not explain what are the facts and status of the case.

How can the complainant be cross-examination without appreance and before his examination-in-chief ?

Baseless, false and concocted averment.

Stop this thread and seek professional advise of a local prudent lawyer.

Yes, we need not continue this thread unless the author is willig to be true to himself as to the facts and issues of the case, if any.

On the basis of non appearance of complainant the court can dismiss the petition.