Legal Question in Criminal Law in India

Dear Sir,
We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when he wanted to terminate the contract with us (as he got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.
Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being sent by the court and same being received by him. As the allegations against me are baseless, he cannot prove the same in the court and that�s why he is not coming. I have been regularly going to the court on all dates hoping that he may come. I just get a new and long date every time, that�s all.
I want to know that whether there is any provision in the law against such frivolous or malicious litigations? Should I approach the session�s court, requesting to take this case on fast track? Is there anyway that can bring this complainant to the court? Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed? Can you please advise me with a practical solution/ roadmap for a faster relief and justice?

Asked on 8/18/09, 5:27 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Practical solution is to ask Asst. Public Prosecutor incharge of the case to apply for and have Warrant issued against the First Informant. Alternatively, you can also pray to the court for similar process.

If a witness or first informant do not attend the court despite service of summons, either a bailable or non-bailable warrant can be issued by the Court to secure his/her presence.

Answered on 8/18/09, 5:34 am

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