Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Court can acquit an accused u/s 256(1) Cr.P.C. only on either of the two days viz. (i) the day appointed for appearance of the accused if summons has been issued and (ii) any day subsequent thereto, to which the hearing may be adjourned...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1), 256(1) -- Dishonour of cheque - Plea of not guilty when recorded in a summons case, Court shall without fail post the case for hearing and shall not, instead, straight away post the case for evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1) -- Dishonour of cheque - Expression 'any day subsequent thereto which the hearing may be adjourned' appearing in S.256(1) Cr.P.C. refers to that day which is immediately succeeding the day appointed for appearance of the accused after recording the plea of not guilty...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - There is nothing in the provision of S.256(1) Cr.P.C. to show that an accused can be acquitted on 'any day to which the case is posted for evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Acquittal of accused u/s 256(1) Cr.P.C. - Magistrate Courts acquit the accused even at the fag end of the case, giving untenable reasons, such as it is a long pending case and it is included in the target; the complainant is not adducing evidence despite..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1) -- Dishonour of cheque - Court shall not acquit an accused u/s 256(1) Cr.P.C. in a case where evidence is taken in part or full u/s 254(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 256 -- Death of complainant - Complaint filed u/ss 354, 323, 511 of IPC - Complainant died after issuance of summons - Husband of complainant sought substitution - Neither substitution petition was pressed nor Court granted permission to contest by disposing said application - Continuation of proceedings with substituted complainant -..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Dismissal in default - Held, two constraints are imposed upon Court for exercising powers u/s 256 Cr.P.C. - Firstly, if Court thinks it proper to adjourn hearing then Magistrate shall not acquit accused - Secondly, when Magistrate considers that personal attendance of complainant is not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default for non appearance of complainant, when complaint was fixed for summoning of accused - If presence of complainant on that day was quite unnecessary then resorting to the step of axing down the complaint may not be proper -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non appearance of complaint - Acquittal of accused - Proprietary of - At the time of acquittal of accused by invoking provision of S.256 CrPC, NBW was pending against accused - Held, presence of complainant was not necessary - It is the duty of the Court to..........
