Restoration

vikrant guleria (Querist) 10 January 2012 This query is : Resolved
my one 138 N.I.Act complaint was dismissed on 3-10-2011 under section 256 of Crpc. but it comes in my knowledge on 25th of december. And i got its certified copy of judgement on 10th of january 2012. now my question is that can i restore it now? have their any section under which can i restore it?

Follow Query

Report Abuse

Devajyoti Barman (Expert) 10 January 2012
Challenge the order of dismissal of default in the sessions or the high court.

Arun Kumar Bhagat (Expert) 10 January 2012
397/401/482 of Cr.Pc before High Court or 397/399 Cr. P.C before Sessions Court.

Sushil Sharma (Expert) 10 January 2012
agreed with the experts

Rajeev Kumar (Expert) 10 January 2012
Agreed with experts

V R SHROFF (Expert) 10 January 2012
Arun kumar had already given details to help u resore

ajay sethi (Expert) 10 January 2012
the magistrate dosent have powers to restore complaint dismissed for default . move high court under section 482

Raj Kumar Makkad (Expert) 11 January 2012
There is inordinate delay in the proposed filing of further appeal so better is to go to high court under section 482 but you should have valid reasons for your absence on the hearing fixed during the month of October and further delay in approaching the courts.

Advocate. Arunagiri (Expert) 11 January 2012
The magistrate ought to issue notice to the complainant before dismissing it for default. How ever your only choice is S.482.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 January 2012
Unless the value of cheque is sufficient and you have valid reasons for absence otherwise further action will be expansive and time consuming.

Deepak Nair (Expert) 11 January 2012
Righlty advised by the experts. You have choices for action to be taken.

Prabodh Shukla (Expert) 11 January 2012
revision simple

prabhakar singh (Expert) 11 January 2012
OCT.,NOV.,DEC,100 days already passed,a case of inordinate delay ,then JSDN rightly advised you to evaluate.

Shonee Kapoor (Expert) 13 January 2012
Rightly advised.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

venkatesh Rao (Expert) 14 January 2012
Arunagiri sir,
In my humble opinion, the magistrate is not required to issue any notice to the compainant before proceeding under sec.256 Cr.P.C.

Previous

Next

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

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries