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138 of N. I. Act

This query is : Resolved 
 

(Querist)
18 September 2009

on behalf of complainant >>> complaint filed and evidence of complainant was over. adv. for complainant has filed pursis. statement of accused was recorded. examination and cross examination of accused was also complete. summons issued for defence witness. matter the adjourn from time to time. two to three time complainant awarded cost from accused due to absence of defence witness. thereafter on one date the proceeding was not tressed. matter was adjourned. on next date matter again adjourn on 21/3/09. then on 21/3/09 matter was not shown ob board was written with hands and adjourn on 15/7/09. on 15/07/09 complainant and advocate were absent and matter also again not shown on board and written with hands but next date is not shown. thereafter matter suddenly shown on board of 20/8/09 on the date the complainant and advocate were absent as they were not aware about the said date. ld. magistrate has dismissed the complainant stating that complainant and his advocate absent. since long back complainant has not taken any steps to proceed with the matter hence dismiss. accused acquited and his bail bond stand cancelled.

if complainant wants to challange this order where should he has to move before session court for revision or before high court for appeal?

thanks in advance.riven


Raj Kumar MakkadOnline (Expert)
18 September 2009

First of all complainant should move an application before sake trial magistrate seeking restoration of complaint and if the same is dismissed then he should file revision before sessions court.riven

DATTA SOLANKAR (Expert)
18 September 2009

I AGREE WITH RAJ KUMARriven

Sachin Bhatia (Expert)
18 September 2009

Agrees with Mr. Raj Kumarriven

PARTHA P BORBORA (Expert)
18 September 2009

PL FILE A REVISION BEFORE THE SESSIONS JUDGE.riven

Sarvesh Kumar Sharma Advocate (Expert)
18 September 2009

he has to move before session court for revision.
riven

Adinath@Avinash PatilOnline (Expert)
18 September 2009

In my opinion for dimissal of complaint & accused acqitted there is no provision for revision application/appeal before session court.You can file criminal appeal in the high court.I think as you stated facts for dimissing your complaint you will succeed in appeal & high court will remand your complaint for hearng on merit in trial court.riven

K D Pande (Expert)
19 September 2009

only remedy is to file appeal before high courtriven

Shivasurya (Expert)
19 September 2009

In your case the accused was acquitted by the learned magistrate u/s. 256, Cr.P.C. My sugessetion is File appeal u/s.378(4), Cr.P.C. against acquittal of the accused before the Chief judicial Magistrate of the district or before the Sessions Court Refer the citation 1997 (2) Crimes 591 (H&P). Magistrate has no power to restore his own order of acquittalriven

PJANARDHANA REDDY (Expert)
19 September 2009

SHIVASURYA CORRECTLY GUIDED THE THREAD REPLYriven

Sarvesh Kumar Sharma Advocate (Expert)
23 September 2009

yes, Magistrate has no power to restore his own order of acquittal .riven



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