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The complainant is not attending hearings in Mumbai. What happens now?

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(@kailash rastogi)
Joined: 1 day ago
[#271]
The complainant in my criminal case has repeatedly failed to appear before the Mumbai court. Can the case be dismissed due to their absence?

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Posts: 241
(@advocate-mudit-pratap)
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Joined: 1 month ago

If the complainant repeatedly fails to attend hearings without a valid reason, this can work in your favor, since the prosecution's case relies heavily on their testimony and cooperation in many matters, particularly private complaints and cheque bounce cases. The court may issue notice or a warrant to secure the complainant's attendance, and prolonged and unexplained absence can eventually lead to the case being dismissed for non-prosecution, depending on the type of offence. Practically, make sure your lawyer is tracking each hearing and formally noting the complainant's absence on record, since this pattern becomes important if you later seek dismissal or a favorable order based on the delay.

To understand what this development means for your specific case, it is recommended to consult experienced retired judges and seek guidance from Aapka Legal Advice, whose panel can advise you on the best way to use this in your defense.


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