Legal Question in Criminal Law in India

I am involved in a false 138 ni act case which is pending in the court for more than 6 years. We have many documentary proofs to prove that it is a false case. However, recently we found that the complainant has not filed the case in the court within the stipulated period of one month from the date of cause of action. In fact he had filed after four months. Our advocate could not locate this mistake earlier. The complainant has also not filed any petition for the delay. Instead of going through the trial and proving our innocence, can we go for a direct quash of the case in High Court? will it be admissable?


Asked on 1/27/11, 5:15 am

1 Answer from Attorneys
NIKHIL CHAUDHARI KHAITAN & JAYAKAR

Hello

Presumming that Complainant has not filed any application for condonation of delay, even though you have lost your opportunity to challenge process by way of revision before Sessions Court. You have not mentioned the stage of the trial and hence....

Yes you have to file a Writ Petition in the High Court to quash the said case.

Adv. Nikhil Chaudhari

09773114567

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Answered on 1/27/11, 9:31 am


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