rejection of ni act case if complainant do not remain presen

javed (Querist) 31 October 2014 This query is : Resolved
Complainant is not remaining presnt in court in nego 138 case from long time give me citation about dusmissing the case if cimplanant is not remaining present

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Dr J C Vashista (Expert) 31 October 2014
1. Citations are not provided on this platform, please find out yourself.
2. Presence of complainant is not mandatory in the complaint u/s 138 NI Act.

V R SHROFF (Expert) 31 October 2014
COURT CAN DISMISS FOR DEFAULT OF PROSECUTION., APPLY FOR IT.. DEPENDS ON STAGE?? STATUS OF CASE.

ajay sethi (Expert) 31 October 2014
we dont provide citations . in any case you dont need judgements for proposition that if complainant is continously absent , petition can be dismissed

Rajendra K Goyal (Expert) 31 October 2014
Citation not provided.

Devajyoti Barman (Expert) 31 October 2014
citation is not provided here

Advocate. Arunagiri (Expert) 31 October 2014
Normally the court will send notice to the Complainant, if he is not appearing during the hearings.

If the complainant had not appeared even after receiving the notice, the case is liable to be dismissed.

T. Kalaiselvan, Advocate (Expert) 04 November 2014
Agreed with the opinion of expert Mr. Arunagiri. The court after issuing a final notice to the complainant, shall proceed with dismissal of the case if the complainant chooses to not to appear despite receiving the notice.