Cognizance

D.G. Mohan (Querist) 20 May 2018 This query is : Resolved
I am respondant in a sec 138 case filed about 4 years back . I have not got summons and the status of the case now is.

Business : FOR S/STATEMENT..
Next Purpose : COGNIZANCE
Please clarify this.

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Ms.Usha Kapoor (Expert) 21 May 2018
Cognizance means its a non cognizable case in which either the police will take cognizance of the case with the permission of Magistrate court WITH A WARRANT or the Magistrate HIMSELF WILL TAKE COGNIZANCE OF CASE.

D.G. Mohan (Querist) 21 May 2018
Even after 4 years complainant has not come to the court for sworn statement. What may be the Court's next step, to dismiss the case or continue. Please clarify.

Guest (Expert) 21 May 2018
Case can be dismissed by the court due to non pursuit by the petitioner. Better request your own lawyer to act effectively.

Ms.Usha Kapoor (Expert) 22 May 2018
Complaint may be dismissed for non appearance and not showing any interest in court proceedings such as chief cross examination. Arguments etc Tell your lawyer to act effectively.

D.G. Mohan (Querist) 22 May 2018
Thank you very much

T. Kalaiselvan, Advocate (Expert) 23 May 2018
It depends.
The case may not be maintainable or there are no regular judges sitting in the court or may be some other reason.
The complainant should take interest in it and not the accused.
Why do you worry so much about it when it is delayed by his side because the more it is delayed the more it will become difficult for him to prove his case at a later stage

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