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ashok kumar (Social Worker)     25 September 2016

Complainant not appearing despite repeated dates

 

Complainant Not Appearing despite repeated Dates

 

Complainant in 138NIA not appearing for Evidence & Cross Examination Despite repeated opportunities. The Court closes the evidence of the Complainant.

 

Queries

What will be the fate of the Complaint? Does it get dismissed for non prosecution?

Can the Court ask the accused to put his defence forward when the accused has not appeared to lead any evidence & for the cross examination?? 



Learning

 5 Replies

Jaggu   25 September 2016

1) My sister had a friend. Their friendship ended in January 2012 after which this guy continued to follow her for a year upto July 2013.

2) He wrote several emails to her, threatening her, stalking her to her office and even hacking her email account

3) We reached out to the parents of the boy after which he stopped doing his things end of July 2013.

4) We have on record all his emails he sent before July 2013. He never emailed or called after that.

5) All of a sudden some calls went to my sister's office in London (alleging her of tax evasion).

6) There is truth to the tax evasion story. She did some tax evasion and had also involved one of her senior office colleague when she was in India in 2013.

7) She wrote to him on email about details of that tax evasion scheme. Apparently, this guy had the hacked email and hence he gave the date of that email to the HR office in London of my sister.

8) I believe he was waiting for the limitation period to get over (3 years for stalking crime).

9) So our question is, have we lost a right to file an FIR as we dont have any evidence post July 2013.

Law Aspire (Legal)     07 December 2016

Originally posted by : ashok kumar
 
It will get dismissed 
Complainant Not Appearing despite repeated Dates

 

Complainant in 138NIA not appearing for Evidence & Cross Examination Despite repeated opportunities. The Court closes the evidence of the Complainant.

 

Queries

What will be the fate of the Complaint? Does it get dismissed for non prosecution?

Can the Court ask the accused to put his defence forward when the accused has not appeared to lead any evidence & for the cross examination?? 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 December 2016

"Can the Court ask the accused to put his defence forward when the accused has not appeared to lead any evidence & for the cross examination??" 

If the accused has not appeared how can the court ask him anything? Is there a mistake? Should it have been corrected as

"Can the Court ask the accused to put his defence forward when the complainant has not appeared to lead any evidence & for the cross examination?? "

ashok kumar (Social Worker)     09 December 2016

Thanks Dr MPS Ramani

U R correct 

The issue is as mentioned by U

"Can the Court ask the accused to put his defence forward when the complainant has not appeared to lead any evidence & for the cross examination?? "

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 December 2016

I have an exactly similar case. I am advising the accused. As I am not a lawyer I am advising him from behind with no fees. He is defending himself. At the first hearing both the accused and the lawyer of the complainant appeared. As advised by me the accused filed his preliminary objections to the case. The complainant was given time to reply and the next hearing was posted one month later. At the next hearing the complainant through his lawyer sought more time to reply which was granted. The hearing was posted one more month later. Then neither the Complainant nor his lawyer appeared at the subsequent hearing. If this continues I am thinking of advising my friend (I do not call him my client) to pray to the court to hear his defence and to dismiss the case if found fit. I shall post here what happened.


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