Legal Question in Criminal Law in India

Since the case was filed in 1998 u/s 138 of NI Act, 1881, it has been adjourned 48 times without a hearing. Presence of accuse always marked. Yet complainant making routine applications for issuing summons to him and magistrate obliging. Four summons have been issued to him so far. He was present in the court at the last hearing. Another appln moved for issuance of summons and again magistrate passed order for issuance of summons by pasting and RPAD. What is happening? What is on their mind? What can the accused do?


Asked on 9/05/10, 8:26 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

This may be for other accused, if any. If you are the only accused and you are appearing, the court has no choice but to frame notice against you and then go for trial, depending upon treating it as a summary case or summon case, based on facts of the case and the defence you have raised.

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Answered on 9/05/10, 8:29 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

pl let me know if there is one accused or more.

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Answered on 9/06/10, 12:24 am
waquar ahmed Ahmed & Associates;

Pls let me know how many accused in the case, according to ur question it sound like that the complaint remaining absent on date of hearing if such a situation u may file application for dismissal of complaint.

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Answered on 9/06/10, 12:08 pm


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