Negotiable Instruments Act, 1881, Section 38, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Complainant appearing on each and every date of hearing except on the date of order - Complaint dismissed and accused acquitted - Held, acquittal not proper - Trial Court should have resort to the provisions of the Code for summoning..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross..........
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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Procedure to be adopted by court - Held, normally in complaint cases filed u/s 138 of the Act when a complaint is filed, complainant is having a stake in the matter - Therefore, in absence of complainant, complaint should not be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Personal appearance of complaint - Exemption therefrom - Power of Magistrate - Held, proviso to S.256(1) Cr.P.C. clearly provides that where complainant is represented by a pleader/counsel or where Magistrate is of opinion that personal attendance of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant - Evidence of prosecution was closed and accused was examined u/s 313 Cr.P.C. Held, learned Magistrate would have proceeded with disposal of case on merit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default without recording reason as to whether personal attendance of complainant was essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to..........
Criminal Procedure Code, 1973, Section 256, 317 -- Personal attendance of accused - Permanent exemption during trial - Cannot be granted - However, Magistrate can exempt personal attendance even when accused was directed to be personally present on a date of hearing on an acceptable ground...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 256 -- Dishonour of cheque - Complaint - Dismissal of complaint on ground of non prosecution - Both complainant and accused absent - In absence of accused hearing could not have been done - Proviso to S.256 Cr.P.C. comes into play as personal attendance of complainant was not..........
Criminal Procedure Code, 1973, Section 199(1), 256 -- Defamation - Cognizance already taken - Death of complainant during pendency of criminal proceedings - Continuance of - Respondent who is niece of deceased complainant came forward expressing willingness to continue the proceedings - Magistrate vide impugned order allowed continuation of proceedings - Revision..........
