Showing : 21-30 of 51 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 249, Indian Penal Code, 1860, Section 498A, 506, 34-- Dismissal of complaint u/s 498-A, 506 & 34 IPC in default - Complaint restored by Sessions Judge in exercise of its revisional jurisdiction - It is not an order recalled by the same Court which dismissed it - Order upheld...........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complainant - Dismissal in default - Complaint was dismissed in default on 25.05.2004 - Appellant had inspected record on 24.05.2004 and had come to know that case was listed on 25.05.2004 yet he did not care to appear on that day and accordingly complaint was dismissed -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint dismissed in default - Applicability of S.256 Cr.P.C. - Held, provision of S.256 Cr.P.C. is applicable to complaint filed u/s 138 NI Act - Magistrate is required to apply its mind whether it would be fair and proper to adjourn the matter - In this case provision of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Complaint on similar allegations dismissed in default - FIR as well as further proceedings are nothing but misuse of the process of the Court - FIR quashed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 256, 482-- Dismissal in default - Complaint filed u/ss 77, 78, 79 of Trade Mark and Merchandise Marks Act, 1958 dismissed on account of non appearance of counsel on date fixed - Non appearance due to mistake of clerk of counsel in noting down the date - Default occurred for the first time - Non appearance..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Dismissed in default for single instance of non appearance of complainant - Complaint ordered to be restored to be decided on merits...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal in default - Complaint can be dismissed in default when personal attendance of complaint was essential on the crucial date - Order dismissing complaint in default set aside as complaint was dismissed without considering the said question...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint in default - On date fixed complainant fell ill - Counsel also did not appear - Complaint dismissed in default - A party cannot be made to suffer for negligence of his counsel - Dismissal set aside...........

Showing : 21-30 of 51 Results