Showing : 1-10 of 49 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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364-- Complaint - Dismissal for non appearance of complainant - After recording preliminary evidence, Magistrate had summoned accused persons by issuing process, but except for one accused, presence of remaining accused persons could not be procured and after elapsing of more than eight years, complaint..........
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...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 256, 300-- Complaint dismissed in default - Second complaint on the same allegation - Not maintainable - Remedy available is to prefer an appeal...........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Cruelty - Complaint by wife u/s 12 of Protection of Women from Domestic Violence Act by making serious allegations against husband - Dismissal in default - A party cannot be permitted to walk away by subsequently allowing the proceedings to be dismissed in default, or for want of prosecution - No..........
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...........

Showing : 1-10 of 49 Results