Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 256, 262 -- Dishonour of cheque - Dismissal in default - Complaint at stage of final arguments - Trial Court wrongly dismissed complaint for no, appearance of complainant as presence of complainant was not required on that day - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Discretion of Court - Order of acquittal cannot be mechanically passed on the absence of complainant - Magistrate is expected to exercise discretionary power conferred on him judicially and judiciously...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Order of acquittal of accused - Accused is served with summons but does not remain present before Court and a warrant is issued, but still not executed - It would therefore, not be just and proper to focus on absence of..........
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, Indian Penal Code, 1860, Section 382, 427, 367, 120B -- Dismissal of case on account of no, prosecution - Offence u/ss 382, 427, 367, 120-B IPC - Case was pending since long due to no, appointment of Addl. P.P. - However, case was dismissed on account of no, prosecution on the very next date of reporting of Addl.P.P - There were..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, appearance of complainant - As per evidence on record, complainant was absent and his counsel applied for leave and sought for an adjournment which was rejected by Court below as there was a specific direction to produce..........
Criminal Procedure Code, 1973, Section 256 -- `Hearing' - Must be read with reference to stage where presence of complainant or his Advocate is absolutely necessary...........
Criminal Procedure Code, 1973, Section 256 -- Absence of complainant or his advocate - Acquittal of accused - Evidence of prosecution completed and case landed at the stage of defence - Court instead of passing order of acquittal should have passed order of adjournment for further hearing or close hearing of case as presence of complainant and his Advocate was not..........
Criminal Procedure Code, 1973, Section 204(4), 256(1) -- Dismissal of complaint for non-prosecution - Once the summons have been issued and accused appeared before Court but complainant was not present, accused ought to be acquitted u/s.256(1) Cr.P.C. - Order of dismissal of complaint u/s 204(4) Cr.P.C. is illegal...........
