sec. 138 N.i. Act

Querist : Anonymous (Querist) 08 August 2010 This query is : Resolved
hello Advocates,
on time of cognizance complainant presence in the court is must or not. if not provide me any ruling.

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s.subramanian (Expert) 08 August 2010
no it is not mandatory. it is the duty of the court to take congnisance on the scrutiny of the material placed before it. it can be done even in the absence of the complainant,if the court is satisfied.

s.subramanian (Expert) 08 August 2010
of course after recording the statement under sec.202 cr.p.c.

DEFENSE ADVOCATE.-firmaction@g (Expert) 08 August 2010
It is essential since court may ask questions.

Arvind Singh Chauhan (Expert) 08 August 2010
Yes it is necessary as a stage of 200 Cr.P.C., Statement of complainant be be recorded by court.

PJANARDHANA REDDY (Expert) 08 August 2010
yes, Personal appearance of complainant is necessary

Rajeev kulshreshtha (Expert) 08 August 2010
At the time of cognizance the attendance of complainant is necessary but if court is satisfied it can proceed without complainant.

S. Bharath (Expert) 08 August 2010
Mr. Subramanian's 1st posting is right. Presence of the complainant is not necessary at the time of taking cognizance; however, at the next immediate stage namely recording of sworn statement u/s 200 CrPC, the complainant's presence is necessary.

Devajyoti Barman (Expert) 08 August 2010
How can the court take cognizance of the offence if the complainant himself is not present. Section 200 of crpc dealing with taking cognizance of offence makes it mandatory to examine the complainant on oath.
It is mandatory for the complainant to be present at the time of cognizance.

Querist : Anonymous (Querist) 09 August 2010
ok thanx
But cognizance on affidavit then complainant presence in the court is must or not.

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 August 2010
Yes must.

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