Resultantly, on 06.03.2019, the Court dismissed the complaint in default. The trial Court does not have the power to restore the complaint. Dismissal of the complaint, be it for whatever reason, has resulted into miscarriage of justice inasmuch as the complainant/petitioner herein stands prejudiced without any fault on his part.
Negotiable Instruments Act, 1881, Section 138 — Dishonour of cheque – Restoration of complaint dismissed in default – Complainant pursuing his case for 7 years and remained absent on three consecutive dates due to medical ailment – There was no reason to disbelieve certificate issued by doctor merely because it was issued by dentist – Complainant is a senior.
2/14/2014 · 14 February 2014 Sir, My Client filed a criminal complaint U/s 138 of N.I Act in JMFC VISNAGAR, in 2002. An advocate fiied V.P. for the accuesed and asked exemption in many adjournments.Ultimately non of the accused present still end of.
9/10/2015 · The power of dismissal for default and the power of restoration inhere only in the High Court and cannot be exercised by the Courts subordinate to.
Application for restoration of _____ dismissed in default Respectfully Sheweth: 1. That the above noted _____ was filed in this Hon’ble Court by the applicant on _____. 2. That when the above noted case came up for hearing on _____, this Hon’ble Court was pleased to dismiss the same in default .
Challenge in the present petition is to the order passed by learned Additional Chief Judicial Magistrate, Faridabad dated March 04, 2004 whereby the complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act, 1881(for short the Act) was dismissed in default. In addition to this, the challenge is also to the order dated August 18, 2006 passed by Judicial Magistrate Ist Class, Faridabad vide which application for restoration of the complaint was dismissed .
Maintenance~ Dismissal in Default - Restoration — Even if the application for restoration does not carry the details as to when the respondent became aware of the dismissal – Impugned order of restoration of suit upheld.
7/18/2020 · However, under the Code/CrPC, once a complaint is dismissed for non-prosecution and/or the accused is discharged or acquitted, in terms of the provisions of Sections 249 [25] and 256 [26] CrPC respectively, the Magistrate cannot be approached by the complainant for the purpose of restoration of such complaint / proceeding, even for the reasons …
State (U. T. Chandigarh) and others, 2005 Criminal Law Joural 3136 it was held that the application for restoration of complaint filed under Section 138 of the At was not maintainable, however, in case sufficient cause is shown for non- appearance, this court can certainly exercise the power under Section 482 Cr.P.C. for setting aside the order of dismissal of the complaint .
11/14/2011 · Rule 1:13-7(a) provides for reinstatement of a dismissed complaint : After dismissal , reinstatement of an action against a single defendant may be permitted on submission of a consent order vacating the dismissal and allowing the dismissed defendant to file an answer, provided the proposed consent order is accompanied by the answer for filing, a …
