Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complaint - Personal appearance of complainant whether necessary or not is a matter of discretion of Court and such discretion has to be exercised judicially - Magistrate has a duty to see whether personnel attendance of complainant is unavoidable to step down further in the process of adjudication - If..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - In the event of absence of complainant, complaint should not be dismissed immediately - Court should either adjourn the case or may proceed to hear the case u/s 256(1) Proviso Cr.P.C. - In case complainant is represented by his counsel or by an officer conducting the prosecution or if personal..........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in prosecuting the case prior to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Power of Magistrate - Proviso to S.256 Cr.P.C. provides that Magistrate has discretion to dismiss complaint if on any date fixed for hearing complainant fails to appear in Court - At the same time, if Magistrate finds some reason or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - As per the complainant, due to wrong noting down of the date neither complainant nor his counsel could appear in Court - Plea taken by complainant appears to be genuine as it would not have intentionally allowed the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date..........
Criminal Procedure Code, 1973, Section 256(1) -- Complaint - Dismissal for no, appearance of complainant - Complaint can only be dismissed if Magistrate after satisfying no, existence of any proper reason to adjourn the hearing of case to some other date or Magistrate is of opinion that personal attendance of complainant is must on that date for further progress of hearing..........
Criminal Procedure Code, 1973, Section 256(1) -- Complaint u/s 138 of N.I. Act - Dismissal for no, appearance of complainant - Magistrate dismissed the complaint without applying his judicial mind as he has not recorded any reason not to adjourn hearing of case to some other date - Nor he mentioned that he was acquitting the accused, who was present before him or that no,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of Act - Dismissed in default - No serious effort made to effect service upon accused - Dasti summons were not taken by complainant - However, notice were issued through registered post - Once summons have been issued, it is duty of Court to procure service of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissed in default - Complainant absent on the date fixed for appearance of accused - U/s 256 Cr.P.C., in case complainant is absent on the date fixed for appearance of accused, Magistrate has power to adjourn the hearing of case to some other..........
