Dishonour of Cheque-Dismissal of Calender Case
Vinoba
(Querist) 15 September 2010
This query is : Resolved
Hello,
I would like to know about of revisional jurisdiction in a calender case.
I have filed a calendar case under Section 138 of Negotiable Instruments Act. Sworn statement of the complainant was recorded and the calender case was posted for trial. since the complainant did not appear the complaint was dismissed for default and the accused was acquited. Now I have to prefer revision against the order of dismissal. I want to know which court is having revisional jurisdiction in the above matter. whether the District court or the High court.
L. Vinoba,
Advocate,
Pondicherry.
Devajyoti Barman
(Expert) 15 September 2010
Both the courts you have mentioned has got concurrent jurisdiction over the revisional application.
Prakash Yedhula
(Expert) 15 September 2010
An appeal lies under Section 378 of the Code of Criminal Procedure to the High Court against an order of dismissal of the complaint for non-appearance and the consequential acquittal of the accused.
Surrender K Singal
(Expert) 18 September 2010
Better to avail the first Revisional Court at District Level !
There are a few citations against such dismissals under N.I.Act, unlike CrPC;
Ajay Bansal
(Expert) 21 September 2010
YOU SHOULD FILE A PETION U/S 482 Cr.P.C. IN THE HIGH COURT FOR RESTORATION OF COMPLAINT.