Legal Question in Employment Law in India

A case filed under section 138 of NI Act was referred by criminal court to Lok Adalat being chaired by the same Magistrate and sent notice to the Accused to be present before its bench. When the Accused failed to appear, the Lok Adalat issued NBW against the Accused. NBW was pending unexecuted for quite long time and the case remains in the Lok Adalat bench and whenever it comes up for hearing in the Lok Adalat the Chairman of the Lok Adalat Bench [i.e. Honourable Magistrate of the same Court] writes the Docket order as Complainant present Accused Absent NBW Pending call on ..... While it is so, on one or two occasions the complainant failed to appear before the Lok Adalat Bench pending NBW against the Accused and the Chairman/Magistrate dismissed the complainant.

I would like to know, whether Lok Adalat has the power to dismiss the complainant for the absence of the Complainant when NBW is pending against the Accused without returning the file to the main Court.

Is there any citation which clarified the power of Lok Adalat to dismiss the Complaint, if so please provice the citation details.

If Lok Adalat doesn't have power to dismiss, is there any citation to quote against this dismissal?


Asked on 11/04/09, 2:51 am

2 Answers from Attorneys
KAMAL GROVER

It is law that complainant should present on every date of the case, so you may file the application to review the matter and made you exempt on every date.

Regards

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Answered on 11/04/09, 3:17 am
Seshadri Srinivasan www.lawconcern.com

You can restore the complaint to file. After that seek a long date, say after 6 months so that your appearance every month is not necessary.

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Answered on 11/04/09, 4:22 am


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