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MSC1 (Director)     11 October 2010

138 date





The complaint is unable to provide eye witness/evidence for a 138 case, sine one and half year, she is praying for a date, each and every time, she has taken 6 different dates till now,

Can any expert explain, is there any limit of taking date from hon. court to provide witness for 138 case.

Is there any law to prevent such activities of the complaint and saving valuable time of Hon. Court and end this issue?

The accused has enough evidence that he can prove that the cheque has been taken forcefully; there is a case against complaint of u/s 138 case.

But due to inaction of police the accused is suffered and he is planning for a petition against the police. (Inaction of Police)

Expert advices can save an innocent person and valuable time of Hon. Court.

I will be appreciating for your valuable advice.






 9 Replies

M.S.Bhalerao (advocate)     11 October 2010

your advocate can take objection and request the Hon'ble court to stop the stage of evidence of the accused and dismiss the case

MSC1 (Director)     11 October 2010


I will be appreciate if you could elaborate it, with the section that, I can ask my advocate to do so,

 I have asked the advocate regarding, but he suggesting me to go for quashing, or file a petition against inaction of police. I am confused,

Please explain me


Ziaul Haque Ansari (Advocate)     12 October 2010

please refer to section 309 of the Cr.p.c

Ziaul Haque Ansari (Advocate)     12 October 2010

Power to postpone or adjourn proceedings. (1) In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.

(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody : Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: 1*[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.] Explanation 1.-If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. Explanation 2.-The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 October 2010

Ansari saheb pl tell which provision you have refered in Cr PC.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 October 2010

Yes you have refered 309.

malini (advocate)     17 October 2010

U mean to say complainant is taking date for bringing eye witness.

In case of jurisdiction point Hon'ble court can investigate by calling the complainant to file any eye witness affidavit after the state u/s.200 crpc and enquiry till then process is not allowed and accused is not even called for reply. Therefore till court takes cognizance of the complaint on what ground accused will reply. if process is allowed then accused can ask for quashing of compliant in High court u/s.482

malini (advocate)     17 October 2010

till process is allowed by the Hon'ble accused don't have to appear before the court and reply.

If complainant is not able to bring eye witness then onus on him and not on the accused. Till process is allowed accused is not called upon to reply . if process is allowed after filing of affidavit of eye witness then accused can approach the high court for quashing of compliant u/s.482 writ petition.

MSC1 (Director)     19 October 2010

Yes sir, you r right!, 

the complaint has not yet given any affidavit for the eye witness, she is only take date by date for the same, accused asked his advocate for the quashing, he's advocate saying it will take time for s.482 writ petition.

My request is,

What is the procedure for u/s.482 writ petition. & how much time it will take?

could you please send me the format for the u/s 482 writ petition.

my is is :

please reply 


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