Showing : 1-8 of 8 Results

MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal in default - Absence of complainant and his counsel on one or two occasions - Not a ground to dismiss complaint or to discharge accused in a routine, casual and cavalier fashion - Acid test would be as to whether there is a bonafide reason on the part of complainant..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Restoration of complaint dismissed for default - Magistrate has no power to restore complaint, as there is no specific provision in Cr.P.C. for restoration of complaint - Impugned order of restoration of complaint set aside...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Mode of trial - Directions issued : (1) All the subordinate Courts must make an endeavour to expedite the hearing of cases in a time bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears to be credible -..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissal for default - Validity - Appellant was not present in second sitting and did not appear till 5:45 P.M. - When appellant had gone in search of his advocate, it was not possible for him to remain present in second sitting - Held, matter could have been..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Absence of complainant - Dismissal of claim - Legality of - Held, Magistrate has to exercise power u/s 256 of Cr.P.C., only when presence of complainant was imminent - As far as this case is concerned, there was no complainant since he was dead - Magistrate has not applied..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138-- Complaint - Non appearance of complainant - Dismissal for default - It is a final order - Magistrate has no inherent power to restore the complaint...........
KARNATAKA HIGH COURT
Year of decision: 2001
Details
Negotiable Instruments Act, 1881, Section 138-- Dismissal in default - Magistrate cannot restore complaint as he becomes functus officio after passing the dismissal order - High Court can restore the complaint in exercise of its power u/s 482 Cr.P.C...........

Showing : 1-8 of 8 Results