Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138 -- Preliminary evidence recorded and summons issued - Complaint dismissed in default on subsequent date - It has the effect of acquittal - Complainant has remedy of appeal - Revision not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non appearance of complainant - Complaint dismissed in default - Order of dismissal set aside - Presence of complainant was not required on that day - Magistrate could dispense with appearance of complainant under S.256 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 203, 482 -- Complaint - Dismissal for default - Court becomes functus officio and Magistrate has no jurisdiction to recall his order - Restoration of complaint can be ordered by High Court - In view of fact that second complaint of offence of dishonour of cheque is not possible on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dismissal in default - Summons issued to accused for appearance - Petitioner not present on the date fixed - Complaint dismissed in default - Order set aside - On the date fixed for appearance of accused, nothing was to be done by petitioner when petitioner was duly represented by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204, 199 -- Complainant absent - Complaint dismissed in default at early hours - Order of dismissal set aside - Magistrate ought to have waited for the complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissed for default for non appearance - Order recalled on the same day when complainant appeared - Order of recall set aside as Magistrate cannot recall his order...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissed for default - Restoration - Complaint filed in 1994 - Complainant had been appearing regularly and committed no default - Accused summoned - Complaint ordered to be restored and to proceed from the stage when it was dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissal for default - Complainant appearing for four years but complainant not appearing on one date - Complaint not to be dismissed for default - It is a not judicious exercise of discretion...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissed in default and accused acquitted - Restoration application also dismissed - Order is legal as Magistrate has no power to order the restoration of complaint - Such order cannot be set aside under S.482 Cr.P.C...........
