1) on next date Court can dismiss the case as complainant has remained consistently absent

2) in alternative Court can issue bailable warrant against accused

If the complainant and the victim are not turning up before the Court and associating themselves with the Trial, this case is most likely to culminate in your acquittal. Perhaps this is what the Judge tried to convey.

Please coordinate with the PP and the IO to know the exact status of the case.

The Court will issue you a notice in the claim petition too.

You will have full opportunity to defend your case and demonstrate that you were not involved in the accident in question.

In any case, even if the Tribunal allows the claim petition and fixes the liability upon you/your Insurer, you will have the option to approach the High Court in an appeal.

Hi,

The complaint can be lodged by any person in the police and have no effect on the case and the police have to investigate the case and report to the court.

It is the decision of the court to see if the case is liable to be dismissed due to lack of grounds of the claim.

Please keep a close watch and try pressing to end the case.

Once prosecution witnesses are complete, the magistrate can summon, issue warrant or dispense with the witnesses. The case cannot be dismissed. It will result in acquittal or conviction.

Claim before motor accident tribunal is for compensation while criminal case is for punishment

Act as per your lawyer advice

Dear friend,

1. You are simply worrying, as your advocate is correct.

worry.

2. Usually the eye witness will be complaint and he will give the complaint saying that he has witnessed the accident.

3. You are lucky because he did not turned up to give evidence.

4. As a formality before closing the case Investigating Officer will be examined and then judgment will be pronounced stating that there is no evidence, hence accused/you are acquitted.

5. The proceedings of claim petition are quasi civil and quasi criminal. If your vehicle was found insured as the date of accident then you are safe. The compensation amount will be paid by the insurance company.

6. You will be a formal party and no investigation will be initiated in such claim petitions. Even if criminal case ended in dismissal/acquittal, the victim will get compensation. Only probabilities will be considered in claim petition case. Rest assured.

Hi

1. Yes warrant may be issued to you in the claim petition.

2. As you told that you have presented enough evidences in the case which favours you. So need not to worry about the claim petition.

Claim would be subjected to the insurance company only.

Thank You

Respected sir...

In such a scenario when the complainant does not turn up in the court for evidence, the court will issue summons against the complainant to come to the court and depose. If the complainant doesn't come despite the court issuing summons a couple of times, then the court can drop the testimony of the complainant.

Also, in case the Complainant does not appear in court despite repeated summons, the matter can be dismissed by the Court in default due to the Complainant's non-appearance.

Recently, Punjab Vigilance Special Judge had declared the Complainant as Proclaimed Offender as he had not appeared before the Court despite repeated summons and ordered attachment of his property.

Furthermore, you can file a petition before the High Court for quashing of FIR on the ground that the same is false and the Complainant has never appeared before the Trial Court

Thereafter you can can file a complaint in the court for the offence of defamations

Lodging of a false FIR/complaint is punishable under IPC. Such an informant / complainant can be proceeded against under section 182 IPC or under section 211 Indian Penal Code by the police. You can file a complaint to the said Police Station where the FIR was registered to proceed against the Complainant under Section 182 or 211 of the Indian Penal Code.

Thank you

1. Has the chargesheet been filed? It seems that the complainant is not coming to the court to be examined as a witness. The court can issue summons and then warrant to compel the appearance of the witness before it. Alternatively, it may dismiss the case.

2. The dismissal of criminal case does nor preclude the victim from filing a claim petition before MACT. However, it will loose its sheen if the criminal case gets dismissed.

hi, claim petition is a civil remedy..if you do not appear the court may issue a warrant against you..however if you get acquitted in the FIR case , it will favour you in the claim petition

You first try to get the criminal case dismissed or acquitted.

Dont worry about MACT claim case if your insurance was in force as on the date of accident.

1) in claim filing also there would be a warrant ?? As the case is dismissed ?? My lawyer told me not to worry about the Motor claim petition, court will first have to investigate ?

There wont be any warrant on the claim case.

The insurance company will take care of the claim case hence you need not be bothered about it to any extent.

Don't go to police just attend the court dates with your evidence