Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - Non-appearance or death of complainant - If complaint is dismissed for non-appearance or death of complainant, after appearance of accused on service of summons or otherwise, same amounts to acquittal of accused u/s 256 Cr.P.C - Therefore, remedy of complainant is to file an appeal as provided u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of..........
Criminal Procedure Code, 1973, Section 256(1), 401, 378 -- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused and only an appeal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4) -- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of case on account of no, prosecution - Amounts to acquittal of accused - Appeal against same is very much maintainable...........
Criminal Procedure Code, 1973, Section 256, 378 -- Death of complainant - Appeal against acquittal - Impleadment of LRs of complainant - Held, no provision in the Code providing impleadment of person in place of appellant who has preferred an appeal either u/s 372 or 378(4) CrPC - Right to prosecute an appeal is provided only in favour of heirs of deceased appellant who..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) - - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could..........
Criminal Procedure Code, 1973, Section 256 -- Warrant case - Dismissal of complaint for default - Acquittal - Validity - Held, there is no provision in Cr.P.C. permitting acquittal of accused persons on account of absence of complainant in warrant case - Moreover, before the stage of framing of charge, any termination of proceedings can never amount to an acquittal -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Criminal complaint - Non-appearance of complaint - Acquittal of accused - Remedy thereagainst - Held, where complainant is absent and complaint is dismissed u/s 256 of Cr.P.C. it results in statutory acquittal of accused - If there is an acquittal of an..........
