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dkjpushkar (no)     21 September 2011

Non-attendance of court hearing by complainant

I filed a case in 2004 against a party under section 138 negotiable instrument act as his cheque got bounced.  The party did not turn up even after non-bailable warrants were issued aginst him. I attended the court on each and every date of hearing , but after 2010 I stopped attending the hearings as I found no progress in the case. Even my lawyer has stopped attending the court and he is also not taking my calls. I have not received any payment from the party.

If I / my lawyer  do not attend the court, what will be the position of our case? Whether I will be punished for non-attending the court ? What should I do now, please guide me.



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 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 September 2011

Your complaint shall stand dismissed in that situation and this is the only punishment. You are advised to persue non-bailable warants personally with police officials if you have proper address of the accused oherwise same thing shall remain repeated time and again.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 September 2011

Dear Pushkar

As per your information, if you are not persue the metter in person or through advocate then in non-appearance of the case the magistrate have power to dismiss the complaint. u/s 256 of Crpc

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 October 2011

Now a days there is speedy dismissal of particularly NI 138 cases u/s 256 since courts want to reduce backlogs.


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