Legal Question in Criminal Law in India

filing another application with the almost same contents

In a case u/s 138 NI Act an application dated 8.1.2004 was filed stating that the cheque amount was paid by way of draft so case should be dismissed. That was opposed by complainant on the ground only face value of cheque was given, the interest and prosecution cost is not paid yet, so agreeing with the complainant, application of accused was dismissed. on 16.2.2004. Now on 17.4.2007, nearly about more than 3 years( in between accused used to avoid arrest warrants etc ), another application with the same contents with addition that Rs. 3500/- (threee thousand five hundred) in cash was also paid with the draft was filed in trial court. Is there any provision for getting punished the accused for filing again application with the same contents which was previously dismissed with only purpose to delay the proceedings?


Asked on 5/17/07, 12:45 pm

3 Answers from Attorneys
Vishwa Arya Arya & Co.

Re: filing another application with the almost same contents

In fact there is no provision of review of an earlier order by the same court. so, the second application is not maintainable. But, for moving an application again, the only punishment could be the cost, and nothing more.

Vishwa Arya

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Answered on 5/17/07, 1:30 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: filing another application with the almost same contents

The Court may impose heavy costs on the accused.

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Answered on 5/19/07, 4:39 am
G. M. Gupta gmguptaandassociates

Re: filing another application with the almost same contents

if he fails to include any new thing in the application then it will be dismissed with cost otherwise it will be dismissed with or without cost if he fails to prove any newly included fact.

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Answered on 5/27/07, 1:33 pm


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