Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused - Accused was also absent on the particular day - Magistrate should not have resorted to axing process, particularly when accused was also not present on that date and therefore, he could very well have..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Complainant was present in Court but she being hard of hearing, could not present herself before Court when case was called, as a result complaint was dismissed for no, prosecution - However, immediately next day..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - - Case was listed for service of accused and on that particular day personal presence of complainant was not necessary, particularly when he engaged counsel to represent him - Complainant continued himself to be..........
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..........
Criminal Procedure Code, 1973, Section 397, 401, 256 -- Revision - Maintainability - Order of acquittal u/s 256 Cr.P.C - Revision not maintainable against such order, provided the same is invoked appropriately and in a judicious manner...........
Criminal Procedure Code, 1973, Section 256, 204 -- Dismissal of compliant u/s 256 Cr.P.C - At the stage of issuance of process - Compliant dismissed on account of no, payment of process fee or other fees by complainant within reasonable time - Complainant not complying the Court's direction - Provision of S.204(4) Cr.P.C is thus, applicable - Magistrate was to dismiss the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, 256 -- Dishonour of cheque - Death of complainant - Impleadment of L.R's - In a summon case, upon death of complainant Court can permit LR's to continue compliant...........
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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Criminal Procedure Code, 1973, Section 256, 246 -- Dismissal of complaint at the stage of S.246 Cr.P.C - Absence of complainant - Appeal against dismissal of complaint is pending from last 30 years - Complainant did not take any interest in proceeding of case and adopted lethargic attitude towards case - Nothing on record which may spell on fact that witnesses were being..........
