How to revive a 138 case which was disposed by court due to inactivity?
4 months ago
My case of 138 has been disposed due to inactivity by my previous lawyer and i was also not in town since 10 years so my most of the communication happen with advocate over phone call only.
Now when I visited town and eventually advocate I asked for the case details, to my utter surprise he didn't had any clue. Then he went through his diary and got the case number. When checked online for the case status it was disposed on 17th March 2023 due to inactivity.
Now I want to revive that case and I don't trust my current advocate as he is useless
A.Dear Client,
A complaint filed before the expiry of 15 days from the date of receipt of notice issued under clause (c) of the proviso to Section 138 is not maintainable, the complainant cannot be permitted to present the very same complaint at any
later stage. His remedy is only to file a fresh complaint; and if the same could not be filed within the time prescribed under Section 142(b), his recourse is to seek the benefit of the proviso, satisfying the court of sufficient cause. The respondent/complainant would be at liberty to institute a fresh complaint and since the earlier complaint could not be presented within the time prescribed by Section 142(b) of the NI Act, the respondent would be at liberty to seek the benefit of the proviso by satisfying the trial court of sufficient cause for the delay in instituting the complaint. Reach out to an Advocate for guidance and steps,
A complaint filed before the expiry of 15 days from the date of receipt of notice issued under clause (c) of the proviso to Section 138 is not maintainable, the complainant cannot be permitted to present the very same complaint at any
later stage. His remedy is only to file a fresh complaint; and if the same could not be filed within the time prescribed under Section 142(b), his recourse is to seek the benefit of the proviso, satisfying the court of sufficient cause. The respondent/complainant would be at liberty to institute a fresh complaint and since the earlier complaint could not be presented within the time prescribed by Section 142(b) of the NI Act, the respondent would be at liberty to seek the benefit of the proviso by satisfying the trial court of sufficient cause for the delay in instituting the complaint. Reach out to an Advocate for guidance and steps,
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