dismissmal of case
Advocate M J
(Querist) 30 July 2011
This query is : Resolved
Good Morning respected members.
IN cheque bouncing case, f the complainant does appear for evidences for 6 to 7 hearing. can i file for dismissal of case under section 256 of crpc. and have i need to state the grounds also.
thank u
Advocate Rajkumarlaxman
(Expert) 30 July 2011
The law is very clear in this. if he doesnt appear or his advocate doesnot appear. then case can be dismissed on the following gorunds as stated in the section.
(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
ajay sethi
(Expert) 30 July 2011
i agree that if complainant has remained absent for number of days then application can be made for dismissal of case
Advocate Rajkumarlaxman
(Expert) 30 July 2011
I to agree that the lawyer should be agreesive as stated by our expert
venkatesh Rao
(Expert) 30 July 2011
I do agree with the experts. But,though the word shall is used, it is a discretionary power and seldom used at the first event since it leads to multiplicity of proceedings such as restoration of complaint in revision. of course justice denied is justice delayed; but see also that justice hurried is justice burried. u can make oral submission for dismissal of complaint and need not file an application. if u file the application under this provision, the other side will have to be heard and the case will be adjourned with an instruction to serve the copy on the other side.
prabhakar singh
(Expert) 30 July 2011
Expert venkatesh Rao HAS GIVEN YOU AN APT ADVISE.
GET IT DISMISSED THEN LET IT BE RESTORED VIA REVISION ,AND THEN START AGAIN FROM SAME POINT.
THERE ARE THINGS WE ALL FEEL AN INCURABLE DISEASE BECAUSE OF THE LACK IN SYSTEM, PROCEDURE ,AND HUGE QUES.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 July 2011
