u/s 138, Application by complaianant to set aside order

Adv. Mohan Chandra (Querist) 08 August 2009 This query is : Resolved
The complainant repeately failed to appear on court and the Hon. Magistrate passed the order of closure of cross, now the complainant has moved an application to set aside the order with the reason that the complainant had a matter in Supreme Court on that day, I have verified the details on the site of the Supreme Court and no such matter was there on that day or the previous or next day.

The Hon. Magistrate has asked to submit my say in which I have mentioned that the submission made by the complainant is false. With various conditions in my say most probably the Hon. Magistrate may proceed with Arguments.

Can I insist on action against the complainant on account of false submission made by them.

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Jithendra.H.J (Expert) 08 August 2009
whose cross examination is closed? of cross of complainanant or the accused?

SANJAY DIXIT (Expert) 08 August 2009
You may very well initiate for the criminal proceedings For false submission and false affidavit. You may make an application under section 340 Cr.P.C. before the concerning magistrate.

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Adv. Mohan Chandra (Querist) 10 August 2009
Sanjayji Thank you.

The Complainant has again failed to appear in court since May when my say was filed and the Magistrate has not yet given his opinion on my say will it be appropriate if I file the application now.

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