Showing : 11-20 of 49 Results

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-- 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 accused and..........
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 - 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 date - Since case..........
CHHATTISGARH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing before trial Court either personally or through his counsel right from date of institution of complaint, except the date on which complaint was dismissed - Trial Court has not recorded any reason whether..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Restoration of complaint dismissed in default - Plea that petitioner was not aware of date of hearing - Plea not tenable as in petition itself, it has not been averred that petitioner was not aware of the case being transferred to another Court - However, complainant has been..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of Cheque - Restoration of complaint dismissed in default - Plea of petitioner that he was not aware of the case being transferred to another Court - Complaint restored subject to payment of Rs.1,000/- as costs...........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheques - Complaints dismissed in default resulting in acquittal of accused - Condonation of delay applications filed by Petitioner/Corporation after lapse of 620 days - Reasons sighted were failure of counsel to give intimation about status of cases, disputes regarding fees payable..........
GUJARAT HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissal for default - Legality of - Complainant and respective parties were present but as trial court was busy with another matter, the matter could not proceed further and the matter was adjourned to 08.03.2011 - Thereafter on 08.03.2011 complainant or his..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed in default for non appearance of complainant, when complaint was fixed for summoning of accused - If presence of complainant on that day was quite unnecessary then resorting to the step of axing down the complaint may not be proper - Impugned order set..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint dismissed for default - Complainant remained absent on numerous occasions - Complainant seeking adjournments on one ground or the other without leading evidence - On the day of dismissal of complaint, complainant sought exemption from appearance but disallowed and..........

Showing : 11-20 of 49 Results