138 of n. i. act

minsal (Querist) 29 November 2016 This query is : Resolved
Dear Experts,

A criminal complaint is filed against my client u/s. 138 of N. I. Act. After direction given by the Hon'ble court the complainant since last two adjourned dates is neglected to file an affidavit of evidence in support of his complaint.

under the circumstances can accused make an application for close the case of the complainant? under which section?

Any other remedy is available for the Accused?

Thanks in advance.

please Reply.

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Surrender K Singal (Expert) 29 November 2016
How has the accused come in the picture before the court finds any substance in the complaint which can be only after complainant's evidence ?