Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Complaint at that stage cannot be dismissed for non appearance of complainant - If complainant does not cross examine defence evidence then complainant would do so at his peril but it cannot be said that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non appearance of complainant - Dismissal in default - Held, that great prejudice will be caused to complainant if his complaint goes undefended particularly when the amount involved is Rs.4.27 lakhs - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Appellant not disclosed the nature of domestic work which detained the appellant from appearing in the Court - Nor the appellant disclosed where he had gone - In absence of any such averment made in the exemption application, the court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant when complaint was fixed for recording preliminary evidence - Provision of S.256 Cr.P.C. comes into play only when the summons have been issued on a complaint for the appearance of the accused - It is not..........
Criminal Procedure Code, 1973, Section 256, 203 -- Complaint - Dismissal due to non appearance of complainant on the date fixed and also due to the fact that complainant had led no evidence at the pre-charge stage in support of his complaint - Held, that complaint was dismissed u/s 203 as well as S.256 of the Code i.e. for non appearance of complainant and also on merits -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Summary trial - Provision of S.256 Cr.P.C. applies - Non appearance of complainant on date fixed for appearance of accused - Magistrate has no option but to acquit accused unless he chooses to adjourn the proceeding to some other date...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4), 401(4) -- Dishonour of cheque - Complaint - Non appearance of complainant on date fixed for appearance of accused - Accused acquitted - Complainant had right to file special leave to appeal to High Court u/s 378(4) - No appeal filed - Revision is not maintainable before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Death of complainant during pendency of complaint - Son came forward to continue the proceedings - He is competent to conduct the proceedings initiated by the deceased father - Dismissal of petition on death of complainant set aside and son allowed to continue..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Dismissal of complaint in default - Complainant appeared in Court in later part of the day - Held, dismissal of complaint was erroneous - Order of dismissal set aside...........
Criminal Procedure Code, 1973, Section 256, 302, Indian Penal Code, 1860, Section 406, 420 -- Complaint u/ss 406, 420 IPC - Death of complainant during pendency of complaint - Open to sons of complainant to apply for continuation of proceedings...........
