Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Mere absence of a complainant does not entail consequences u/s 256 Cr.P.C. - Presence of complainant can only be insisted if progress of the case demands such appearance - On all other dates from the date of filing of complaint to date..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255(1) -- Dishonour of cheque - Complainant ceasing to be in existence or is not properly represented at any point of time - Amounts to absence of complainant - Court has to proceed u/s 256(1) and not under S.255(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378, 256(1), 302 -- Dishonour of cheque - Accused acquitted u/s 256(1) Cr.P.C. on the finding that complainant ceased to be in existence and there was no application by a competent person to continue the prosecution u/s 302 Cr.P.C. - Appeal filed by firm is incompetent...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Applicability of S.256 Cr.P.C. - Held, provision of S.256 Cr.P.C. is applicable to complaint filed u/s 138 NI Act - Magistrate is required to apply its mind whether it would be fair and proper to adjourn the matter - In this..........
Criminal Procedure Code, 1973, Section 256, 401 -- Order of acquittal passed u/s 256 - Revision thereagainst - Maintainable - Held, court has jurisdiction to examine legality of impugned orders passed u/s 256, Cr.P.C. in revision applications...........
Criminal Procedure Code, 1973, Section 256, 482 -- Dismissal in default - Complaint filed u/ss 77, 78, 79 of Trade Mark and Merchandise Marks Act, 1958 dismissed on account of non appearance of counsel on date fixed - Non appearance due to mistake of clerk of counsel in noting down the date - Default occurred for the first time - Non appearance bona fide - Order of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Death of complainant - An application filed to bring on record L.R's - Application not pressed despite numerous hearings - None represented the complainant on 14 dates - Accused attended Court for not less than 20 occasions after the death of the..........
Criminal Procedure Code, 1973, Section 256 -- Ingredients of the provision of S.256(1) Cr.P.C. are : (i) that summons must have been issued on a complaint, (ii) the Magistrate should be of the opinion that for some reasons, it is not proper to adjourn the hearing of the case to some other date; and (iii) the date on which the order u/s 256(1) can be passed is the day..........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Filing of application u/s 311 Cr.P.C. for further/additional evidence - Non appearance of complainant - Complaint cannot be dismissed for default...........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Filing of application u/s 311 Cr.P.C. - Does not entitle defence not to examine his witnesses...........
