Legal Question in Criminal Law in India

Regarding : attendance of a complainant u/s 138 N I Act

Please let me know whether, the complainant is required to attend the court from starting of working hours of the court i.e. 10 a.m. or one should be present only when his name is called by the court employee. What are the rules regarding complainant to attend the court? If it is proved that he is not present from 10 a.m., but only present at the time when he is called by the court employee, whether it is default of the complainant under any law of provision that he is not present from 10 a.m.?


Asked on 4/04/12, 1:41 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

he has to be present in court as soon as his name is called by court employee.

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Answered on 4/04/12, 2:16 am
Stalin Selvamani S & P Law Associates

yes complainant and accused both has to be present else petition can be filed appropriately by the advocate for their absence.

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Answered on 4/05/12, 2:01 am
Shrichand Nahar S.V.Nahar, Advocate

Check whether any specific order of specific time has been made by the Court.

If there is not such specific order, then complainant may remain present in court either since 10 am onwards or when his name is called.

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Answered on 4/05/12, 3:17 am


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