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Anil Saraogi (Advocate)     27 May 2018

Initial procedure after 138 complaint is filed

I am a new Advocate and I have just filed a 138 Complaint along with Complainant Affidavit, which is scheduled for first hearing on 31st May, 2018.

My simple querries are:

1.  Is it necessary for the Complaint to be present in the court during the "Proocess to accused" dates ? Or would just the  appearance of his Advocate would suffice?

2. On the first date in the 138 case, does complaint have to explain in person or the affidavit filed with complaint suffices?

3. Dose the Advocate / Complainant have to move an application to request the court to issue process to accused? or Does the court does it of its own?

4. In short what happens on first day in the court in 138 complaint? and what is the role of Advocate that day?


Very basic questions... but that is how you learn


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