Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Shashank   16 May 2016

Restoration when case dismissed for default

Hello respected members,

I have a short query. I filed a complaint u/s 138 NI Act before the magistrate. I could not appear on two consequtive dates and the case was dismissed for default. Should I file a recall application before the same magistrate or a restoration application before the Sessions Judge or approach the High Court? Also share the case laws in this regard if you have any. 

Thanks in advance,

Shashank



Learning

 2 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     22 May 2016

Sir

1. you may approach sessions court having jurisdiction and get the order set aside and get the lower court case restored. You may mention all facts and grounds for same. good luck.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     22 May 2016

Dismissal in dafault also amounts to aquittal of accused unde CRPC so no revision before sessions court.

 

You have to go to HIGH COURT only.


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