Sec 138 limitation
darshan
(Querist) 22 January 2015
This query is : Resolved
dear sir ,
in my matter court had given foolwing descision regarding my matter
15.09.2014
Present: Ld. Counsel for the complainant
Accused absent
In the present case, notice has not been framed till
date. Therefore, in view of the directions of Hon'ble Supreme
Court of India in the case titled as “Dashrath Rupsingh Rathod
Vs. State of Maharashtra & Anr.” in Crl. Appeal No. 2287/09
decided on 01.08.14, this court has no territorial jurisdiction
to try this case. Therefore, the complaint is returned to the
complainant to file the same in the court having territorial
jurisdiction to try the same within 30 days from today only.
Ahlmad is directed to return the complaint and
original documents to the complainant/AR of the complainant or
counsel after obtaining the certified copies of the same on
record.
Copy of the order be given Dasti to the complainant.
File be consigned to Record Room.
(Gagandeep Jindal)
MM(N.I.ACT)/South-East
New Delhi/15.09.2014
now scene is that
court order date is 15.09.2014on that date clear order .. submit the matter in related court within 30 days only.
but here complainant collected documents on 7-11.2014 and submitted in my area court 7-12.2014
is this valid or comes under limitation .
note ...condonation of dalay letter not attached
pls guide
Parthasarathi Loganathan
(Expert) 23 January 2015
File an application praying for condonation of delay alongwith all the documents (including the instrument) in original documents including certified copy of the Court Order summoning the complainant before the court. On admission, Court will post for taking Sworn Affidavit Statement from the complainant and allocate CC Number for further steps against the accused. However, there is no specific provision under Cr.PC.
Rajendra K Goyal
(Expert) 23 January 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Sec-138-limitation--519461.asp
ajay sethi
(Expert) 23 January 2015
repeated query
T. Kalaiselvan, Advocate
(Expert) 26 January 2015
Query repeated. You may visit the previous thread for knowing more replies/opinions. By the way expert Mr. Parthasarathi Sir, can I have the pleasure of knowing the provisions of law under which a petition can be filed for condoning the delay in such cases? I am sorry, please do not take it other way, I am seriously looking for it to handle a pending case with me.
