dishonour of cheque

digvijay singh thakur (Querist) 02 April 2010 This query is : Resolved
the case under 138 negotiable act was dismissed 3 years ago and it was registered in 2003 worth is 300000 Rs
the case was dismissed due to our non appearence but that non appearence was due to medicle problem ie. heart bye pass do we have any remady

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adv. rajeev ( rajoo ) (Expert) 02 April 2010
3 years ago case is dismissed for want of prosecution. You can try in the High Court on medical ground for restoration but it is not possible in my opinion because delay is more.

Deekshitulu.V.S.R (Expert) 02 April 2010
Delay can be expalined with Medical data. File an application for restoration of complaint. Also aver grounds for delay in filing the application.Complalint can be restored. There is case law on this subject.

prakash vathore (Expert) 02 April 2010
i do agree with deekshitulu.

Parthasarathi Loganathan (Expert) 02 April 2010
Medical reasons of such serious magnitude can always be proved to the court to condone the delay.

Adv.Husain (Expert) 02 April 2010
yes it can be condoned coz heart problem is sufficient to condone delay..!!!

Raj Kumar Makkad (Expert) 02 April 2010
Get restored the complaint.

Guest (Expert) 02 April 2010
In your query, you have not mentioned whether the accused was regularly appearing in the case. At what stage, your case was dismissed for non-prosecution. But your health problem may not be taken seriously by the high court, since you should have a lawyer in the trial court, question will arise why it was not informed by your lawyer during trial itself? In your present application, in addition to your health problem, you may also say that the accused was negotiating with you for settlement, but the settlement terms failed. Anyhow, you have only 50:50 chances.

Parveen Kr. Aggarwal (Expert) 02 April 2010
The Court of Judicial Magistrate or Metropolitan Magistrate has no power to restore the complaint dismissed for want of prosecution. However, you may file a petition before the High Court challenging the order of dismissal explaining the reasons for non-appearance on the date fixed and showing sufficient cause for delay in filing the petition before the High Court.

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