Sec 138

PRAVIN (Querist) 13 June 2013 This query is : Resolved
Dear Sir, If complainant & his advocate not present in the court from filed case i.e. from last 1 year. that time judge is given the dates without any action taken on complainant. that time accused have any rights under sec 138?

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Kiran Kumar (Expert) 13 June 2013
Have reference to S.256 Cr.P.C, 1973

Rajendra K Goyal (Expert) 13 June 2013
Agreed with the expert, request for acquittal of the accused.

Raj Kumar Makkad (Expert) 13 June 2013
Accused cannot be acquitted merely on the ground of absence of the complainant and his lawyer rather the complaint itself can be got dismissed on default which ultimately shall result in discharge of the accused till further action.

Nadeem Qureshi (Expert) 13 June 2013
nothing left to add.

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