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 complaint dismissed - Held,..........
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 - Held, once..........
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..........
Criminal Procedure Code, 1973, Section 256, 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint at the stage of defence evidence - Filing of application u/s 311 Cr.P.C. for further/additional evidence - Non appearance of complainant - Complaint cannot be dismissed for default...........
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...........
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...........
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...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Dismissal of complaint - Dismissal of complaint for non appearance can only be when personal attendance of complainant is essential on that day for the progress of the case and situation does not justify the case being adjourned to..........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissed in default - Complaint restored on the ground that it was still at the initial stage of summoning the accused - No illegality...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - For absence on one occasion, the complaint should not be dismissed in the interest of substantial criminal justice...........
