138 Exemption

Querist : Anonymous (Querist) 10 April 2011 This query is : Resolved
I am an accused under section 138 NI act. I have applied once for permanent exemption but the magistrate asked for complainants no objection. The complainant did not give no objection. On the last date of hearing, I was present and made an application for exemption for 2 months due to distance (more than 400 kms.) and my mother's ill health. However the Magistrate again asked for complainant's say on the matter. I wish to know if the complainant has a say in the matter or is it entirely the decision of the court. Also if the complainant does not give no objection, can i file for revision or not? I also wish to settle the issue and would like to transfer the case to lok adalat but complainant is not willing. Please advice accordingly. Thanking you in advance for all your suggestions.

Follow Query

Report Abuse

Guest (Expert) 10 April 2011
Court has the discretionary power. It is only as a matter of courtesy of the court that it asks for no objection from the complanant, otherwise that is not binding on the court. Court can consider the humanitarian grounds behind the application.

Parveen Kr. Aggarwal (Expert) 10 April 2011
On your application, the opposite party has a legal right of being heard. If the complainant does not give no objection, it may be called to file reply to the application and the court may decide the application considering the contents of the application and reply. In case the court rejects your application, you may challenge it before the higher court.

Advocate Bhartesh goyal (Expert) 10 April 2011
Yes,It is a discretion of court to allow the exemption application or not but generally court allows such application on humanitarian and any reasonable grounds.If court rejects the application,it may be challange in higher court.

Advocate. Arunagiri (Expert) 10 April 2011
For any petition the other side party is having the right to contest the matter. But the order is the discretionary. You have the right of revision.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now