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madhu mittal (director)     04 April 2012

Attendance of a complainant u/s 138 n i act

Please let me know whether, the complainant is required to attend the court from starting of working hours of the court i.e. 10 a.m. or one should be present only when his name is called by the court employee. What are the rules regarding complainant to attend the court? If it is proved that he is not present from 10 a.m., but only present at the time when he is called by the court employee, whether it is default of the complainant under any law of provision that he is not present from 10 a.m.?


 7 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     04 April 2012

If you have an advocate he will take care of these problems.

Ankit @mka.asr (Prop)     05 April 2012

sir, what will happen if session court also dismiss appeal and retain conviction of 2 years. Then in how many days convicted person can file bail papers in Highcourt? What is the risk factor of arrest after appeal's dismissal in session court?

madhu mittal (director)     05 April 2012

Respected Sir JSDN ji and others,


I have lawyer in the court, as well as I also study the matter, but many a time, it seems, more clearance is required, therefore when suppose a new thing/problem comes in picture, I want to have advice of learned members of this club, so please advice.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 April 2012

You just follow the movements of the accused and see the daily casue list , moment your name is announced be there that is all.

madhu mittal (director)     05 April 2012

Thanks a lot. whenever advice is sought on this form, it boosts our confidence and moral, that we are on right side.

with regards, thanks again.

sk mohataji (proprietor)     06 April 2012

in simple terms - your attendance is required whenever your name is called out. there is no need to come early and wait long. in some courts, you may also experience that once when the number is called and either of the party is not present, than court asks the other present party to wait. when the full list is called out, court calls second time for all the numbers, who were not present at the first call. hence, in case if you miss first call, present yourself in the second call. but generally, make yourself present in the first call regularly.

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