Contempt of Court

Querist : Anonymous (Querist) 07 January 2011 This query is : Resolved
I am an accused in a matter in the Metropolitan Magistrates Court. The cross was closed by th Metropolitan Magistrate due to regular absence of the complainant, the complainant approached the upper court (Sessions Court)for revision of order, the following order was passed by the upper court

"The applicant/complainant is permitted to adduce evidence and continue with the cross-examination subject to the condition that, he shall positively remain present on the date fixed by the Trial Court for the evidence, I case of his default, he shall not be permitted to adduce further evidence in the trial"

"The applicant/complainant shall pay cost of Rs.2000/- to the respondent no.1/accd."

Now within 6 months of the above order the complainant has been absent twice for hearing, what is the possible course of action against the complainant.

Thanks

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Ajay Bansal (Expert) 07 January 2011
The trial court will dismiss the complaint.Thereafter youn may file an application u/s 340 Cr.P.C. for prosecition of the complainant by court u/s 211 I.P.C.

Pritam Saini, Advocate (Expert) 07 January 2011
i agree with Mr. Bansal.

Amit Minocha (Expert) 07 January 2011
seek specific orders of his right to adduce evidence is being closed do to non compliance / prosecution and press also for dismissal of the complaint simultaneously.

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