Dashrath Rusingh
All other Complaints (obviously including those where the accused/respondent has not been properly served) shall be returned to the Complainant for filing in the proper Court, in consonance with our exposition of the law. If such Complaints are filed/refiled within thirty days of their return, they shall be deemed to have been filed within the time
prescribed by law, unless the initial or prior filing was itself time barred.
A court ordered on 19/8/2015 to transfer the case to jurisdictional court and passed following order “UNCONTESTED. COMPLAINT RETURNED TO COMPLAINANT”. Till today the complainant has not filed the case in the transferee court i.e. even after 55 days. It has been ascertained that the case has not reached the transferee court. Surprisingly, the original case file containing all the evidences was given to the complainant and the transferor court has no record not even certified copies. Actually, the case was transferred when written submissions, documentary evidence, of both parties had been submitted and marked, cross was over when this ordinance came.
What can the accused do now? How long should he wait? If the complainant does not file the case what is the effect in law for the accused.
