Showing : 1-10 of 33 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Restoration of complaint dismissed in default - Single absence - Case transferred from place `M' to place `J' and again re-transferred from place `J' to place `M' - Magistrate instead of dismissing complaint in default should have adjourned the case at least once for a future..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint in default - Restoration - Complaint dismissed for want of prosecution only for single default - Justice demands its restoration and decision on merit - Impugned order set aside - Complaint restored...........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of opportunities having..........
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...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissed of complaint in default - Complainant diligently pursuing his remedies and he also have given an explanation for his no, appearance on the date fixed due to wrong noting down of date - Even otherwise there is no reason as to why complainant would stop pursuing his..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed for default - As per evidence on record, it shows that in no way by absence, complainant is to be benefited in this complaint nor there is anything on record to show that there was any malafide intention on part of complainant for his absence from..........
DELHI HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 256, 262-- Dishonour of cheque - Dismissal in default - Complaint at stage of final arguments - Trial Court wrongly dismissed complaint for no, appearance of complainant as presence of complainant was not required on that day - Complaint restored...........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissed in default - Case was posted for cross examination of complainant and neither complainant nor respondent was present before Court - No doubt, respondent has suffered some inconvenience but he can be compensated by awarding reasonable cost - Complaint..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
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 complainant could not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
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 complaint to be..........

Showing : 1-10 of 33 Results