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Section 138, Criminal Procedure Code, 1973, Section 256 - Dishonour of cheque - Complaint - Dismissal in default - For absence on one occasion, the complaint should not be dismissed in the interest of substantial criminal justice. (Ampolu Apparao Vs Public Prosecutor) 2003(3) CRIMINAL COURT CASES 585 (A.P.)
Section 138, Criminal Procedure Code, 1973, Sections 256, 378(5), 401(4) & 482 - Complaint - Dismissal for default - Complainant pursuing his case seriously and appearing on every hearing - When the case was not fixed for evidence of complainant, Magistrate could dispense with the appearance of complainant u/s 256 Cr.P.C. and adjourn the case. (Punjab State Civil Supplies Corpn. Ltd. Vs Mangat Rai) 2002(3) CRIMINAL COURT CASES 609 (P&H) : 2003(1) CIVIL COURT CASES 156 (P&H)
Section 138, Criminal Procedure Code, 1973, Sections 256, 482 - Dishonour of cheque - Complaint - Dismissal for default - Setting aside order - Charge framed - Complainant pursing complaint for two years - Magistrate could adjourn the case and could dispense with personal attendance of complainant - Efforts of Magistrate should be to dispose of case on merits instead of dismissing it in default - Held, under the circumstances Magistrate was wholly unjustified in dismissing the complaint for want of prosecution. (Sant Lal Bhatia Vs City Credit and Leasing Company) 2002(3) CIVIL COURT CASES 204 (P&H) = 2002(3) CRIMINAL COURT CASES 291 (P&H)
Section 138 - Dishonour of cheque - Dismissal of complaint for non prosecution - Complaint restored - Held, order of Magistrate restoring complaint is without jurisdiction. (Ram Bhaj Jain Vs M/s Brar Rice & General Mills) 2003(1) CIVIL COURT CASES 615 (P&H) = 2003(1) CRIMINAL COURT CASES 703 (P&H)
Section 138 - Dismissal for default - Default in appearance of complaint was primarily on account of wrong noting of date - Complaint restored to its original number. (Manisha Trading Pvt.Ltd. Vs State & Ors.) 2001(3) CIVIL COURT CASES 581 (Delhi)
Section 138 - Dismissal for default - Restoration - Complainant could not appear because he was not informed of the date by his counsel - Order of dismissal set aside - As the complainant had engaged a counsel and was pursing the complaint bona fide as such he cannot be punished for inaction or omission of Advocate - Courts are to look into the matter with justice oriented approach. (Ratanlal Gulabchand Gupta Vs Sahara Sev Gruh Udyog Bhandar) 2002(1) CIVIL COURT CASES 17 (Guj.)
Section 138 - Dismissal in default - Magistrate cannot restore complaint as he becomes functus officio after passing the dismissal order - High Court can restore the complaint in exercise of its power u/s 482 Cr.P.C. (Mohammad Ilyas Ahamed Vs Abdul Subhan) 2001(3) CIVIL COURT CASES 32 (Kant.) : 2001 ISJ (BANKING) 0773
Section 138 - Dismissal for default - Dismissal of complaint for non-appearance by disallowing application for exemption from personal appearance - Order set aside as complainant was stated to be out of station. (S.K.Makin Vs Bachan Lal) 1996(2) CIVIL COURT CASES 74(1) (P&H)
Section 138 & Criminal Procedure Code, 1973, Section 256 - Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section. (Associated Cement Co.Ltd. Vs Keshvanand) 1998(1) CIVIL COURT CASES 482 (S.C.) : 1999 ISJ (BANKING) 0171
Section 138 & Criminal Procedure Code, 1973, Section 256 - Dishonour of cheque - Complaint - Complaint fixed for examination of complainant and his witnesses - Complainant, witnesses and his counsel absent - Matter kept pending till 4 p.m. - Acquittal of accused in such circumstances by Magistrate - Sustainable. (B.Lakshmaiah Vs Veeramalli Nagesh & Anr.) 1999(2) CIVIL COURT CASES 546 (A.P.) : 1999 (2) ALL INDIA CRIMINAL LR (A.P.) 0360
Section 138 Criminal Procedure Code, 1973, Section 256 - Complaint - Non appearance of complainant - Dismissal of complaint - Absence of petitioner neither deliberate nor wilful - Order of Magistrate set aside - Magistrate has discretion to dismiss the complaint, but cannot exercise this power in disposal oriented spirit and disposal oriented statistics. (Kumaresan Vs Girirajan) 1999(2) CIVIL COURT CASES 309 (Madras)
Sections 138, 142 - Dishonour of cheque - Dismissed for default - Case taken up in absence of parties or their counsel as it was declared holiday - Notice not issued to the parties - Cannot be said that complainant failed to appear - Proper for trial Court to have adjourned the case for giving notice - Order set aside - Case restored. (Umesh Kumar Vs M/s Moudgil Carpets & Rugs & others) 1994(2) CIVIL COURT CASES 391 (P&H) : 1993 (2) BCLR 0683 : 1993 (3) SLJ 2827
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