Cheque bounce case

Judge giving dates is a regular process of court nor you or any one can interfere with it of your opinion changing Advocate you know your advocate better its your own choice

If the complainant is persistently not appearing or appearing and praying for adjournment without sufficient cause, court may dismiss for default or non prosecution.

Of course you can change your lawyer. You should get a good lawyer who can influence the court and get the matter dismissed now for once and all. You already incurred decent litigation cost for no reason whatsoever.

Get the case dismissed on Default for non-prosecution as Complainant is not diligent enough to proceed the case. On this Judge will pass an order discharging you.  Changing a lawyer is your personnel choice. But it will better for you to appear on next date with your lawyer.

Nikhil Singh
Associate, Law Consults
'LawCon House', D-61, East of Kailash
New Delhi - 110065
https://www.law-consults.com
https://www.lawinc.in

+917838078186, +919352444446

Move an application under S.256 CrPC for dismissal in absence of complainant, also insist that the same must be decided on the same day. You can site all the absences of past. There is no provision in the law to keep S.256 application pending, either dismissal or move on.

If court dismisses and complainant does not come even on the next date, move a new application again on the next date. You can ask the Hon court under what provision he is giving such indulgence to complainant when S.256 CrPC is there for your rescue.

Mr Trivedi: complainant's presence may be dispensed with under s/256 itself?

Court is asking accused to file the counter, what does it mean ? Is it a civil case ?? How can court ask the accused to disclose his defense even before evidence of complainant is over ?  Do not you think that complainant will cover his grounds in the cross if accused submits his counter ? CRPC does not mandate any counter ?

In cheque bounce cases, accused has no role to play before cross examination and if complainant is not coming for few dates, how his absence can be dispensed with ? What work the court would do in the case ? Read S.256 Carefully, it is not the limitless discretion of the court to dispense with absence of complainant, one or two dates are fine in the interest of justice not beyond.

Accused is afraid or does not understand, counsels are busy and the Hon court is more busy, thats all is the matter, no one is applying mind.

Originally posted by : nikhil singh
	Get the case dismissed on Default for non-prosecution as Complainant is not diligent enough to proceed the case. On this Judge will pass an order discharging you.  Changing a lawyer is your personnel choice. But it will better for you to appear on next date with your lawyer. Nikhil Singh Associate, Law Consults 'LawCon House', D-61, East of Kailash New Delhi - 110065 https://www.law-consults.com https://www.lawinc.in +917838078186, +919352444446

Mr Nikhil:

I agree. Logically accused should be discharged. But which  provision of CrPC?