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mahendra prasad sharma (manager)     01 September 2013

Us/138

sir,

condonation  of delay file u/s 138, notice issued to accused but not present in court , in 3rd date

MM issued  bailable warrent  , what is next is my application allowed

 

REGARDS

MP SHARMA

 



Learning

 4 Replies

B.N.Raja Mohamed (ADVOCATE)     01 September 2013

Sir,

The procedure adopted by the magistrate is wrong. He cannot issue a NBW in the 138 cases in the first instant. Moreover, the petition is onlly to condone the delay of filing the complaint before the magistrate. In such circumstances the magistrate can only allow the petition for condoning the delay and post the case for recording the sworn statement of the complainant.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 September 2013

in third date the MM may issue the Warrant, the MM has power to issue so the MM is right, if the accused is not ready to appear before the MM court the court may proceed the next level u/s 82/83 of Cr.PC

A.SUMATHY 9380902017 (LAWYER)     01 September 2013

I accepted Raja Mohammed reply. If your complaint is in SR stage. MM can only allow the petition for condoning the delay and post the case for recording the sworn statement of the complainant.  Warrant is wrong.

R Trivedi (advocate.dma@gmail.com)     01 September 2013

Another glaring example of non understanding of law by trial court. Under S.138, the accused has no role at this stage.


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