Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - No absence of Counsel for complainant in actual - Only delay in appearance - Held, principles of natural justice require that opportunity be given to complainant to fight out his case on merits - No prejudice would be caused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complainant - Dismissal for non appearance - Non bailable warrant already pending execution against respondent/accused - Despite direction non bailable warrant was not executed by police - Appellant on account of some unavoidable reasons was not able to make..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Acquittal - Non appearance of appellant/complainant - Dismissal of complaint resulting in acquittal of respondent/accused - Order of dismissal of complaint is not a speaking order - Nothing is discernible from order, i.e., whether case was posted for..........
Criminal Procedure Code, 1973, Section 256, 244, 246(6) -- Death of complainant - Case of cheating and forgery - Alongwith the complaint no list of witnesses filed - Appellant permitted to be substituted as complainant - Held, in a case of cheating and forgery which is largely based on documents, complainants case can be proved and fact that no list of witnesses was..........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Dismissal in default - Setting aside - One singular default on the part of complainant on record - Sufficient cause for absence shown by complainant - Held, at least one more opportunity should have been given to complainant - Impugned order of dismissal in default set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non appearance of complainant - Principles of natural justice require that opportunity be given to the parties to prosecute, as well as to contest the matter, on its own merits - Order of dismissal set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complainant remained absent on three consecutive occasions - No adjournment asked - Complaint dismissed on default - Held, dismissal of complaint u/s 256 of Code on ground of no, appearance of complainant is merely a technical dismissal and not on merits -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Dismissal of claim - Legality of - Held, Magistrate has to exercise power u/s 256 of Cr.P.C., only when presence of complainant was imminent - As far as this case is concerned, there was no complainant since he was dead - Magistrate..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255, 302 -- Dishonour of cheque - Death of complaint - Legal heir permitted to conduct prosecution - Cannot be treated as complainant or a substitute for the complainant - In case legal heir of deceased complainant is absent, Court shall not acquit accused u/s 256(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 61 -- Dishonour of cheque - Process fee not paid - Accused not to be acquitted even if complainant is absent...........
