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aveluru2 (software engineer)     27 September 2013

Complainant not coming to court

Hi,

 I need your valuable suggestion please. A false chequebounce case has been framed against me and complainant does not have evidence to prove it in court. Case is in the cross examination phase now, but complainant does not come to the court to have him cross examined.

He sends his lawyers and takes a date for next hearing, this is the 8th time consecutively he did not turn up.  What step can I take.  

he clearly knows he cannot prove the cheque bounce, and i have all the required evidences. Therefore, he is not turning up.

aveluru2



Learning

 4 Replies

HIRAL THAKKAR (ADVOCATE )     27 September 2013

File an application for discharge of accused for not pursuing the matter by prosecution.

 

Regards

R Trivedi (advocate.dma@gmail.com)     28 September 2013

Move an application under S.256 CrPC and S.145(2) of NI Act for discharge in absence of complainant. Just make a simple few line application citing absence of complainant for last 8 dates, also seek exemplary cost.

venkatesh Rao (Retired Government Servant)     28 September 2013

In my opinion, the stage for 256 is over as the complainant has been examined in chief and the stage is for his cross. Request the court to take his side as closed, and put in your evidence if any. His evidence is no evidence in the eye of law and the court, after hearing you, will pass a judgment u/s 255(1) of Cr.p.c.

R Trivedi (advocate.dma@gmail.com)     04 October 2013

Please note that in cheque bounce case, there is very little evidence is required from complainant side, because of presumption under S.139.

Now if this is the false case, then as suggested move the application as advised above for discharge, and also carefully read the affidavit of complainant for any provable falsehood


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