Showing : 71-80 of 151 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1)-- Dishonour of cheque - Court shall not acquit an accused u/s 256(1) Cr.P.C. in a case where evidence is taken in part or full u/s 254(1) Cr.P.C...........
PATNA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 256-- Death of complainant - Complaint filed u/ss 354, 323, 511 of IPC - Complainant died after issuance of summons - Husband of complainant sought substitution - Neither substitution petition was pressed nor Court granted permission to contest by disposing said application - Continuation of proceedings..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Non appearance of complaint - Acquittal of accused - Proprietary of - At the time of acquittal of accused by invoking provision of S.256 CrPC, NBW was pending against accused - Held, presence of complainant was not necessary - It is the duty of the Court to see that NBW was..........
GUJARAT HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 38, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Absence of complainant - Complainant appearing on each and every date of hearing except on the date of order - Complaint dismissed and accused acquitted - Held, acquittal not proper - Trial Court should have resort to the provisions of the Code for summoning the witness or..........
MADHYA PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross examination -..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Criminal complaint - Non-appearance of complaint - Acquittal of accused - Remedy thereagainst - Held, where complainant is absent and complaint is dismissed u/s 256 of Cr.P.C. it results in statutory acquittal of accused - If there is an acquittal of an accused only remedy..........
SIKKIM HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Non-appearance of complainant - Procedure to be adopted by court - Held, normally in complaint cases filed u/s 138 of the Act when a complaint is filed, complainant is having a stake in the matter - Therefore, in absence of complainant, complaint should not be dismissed..........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Personal appearance of complaint - Exemption therefrom - Power of Magistrate - Held, proviso to S.256(1) Cr.P.C. clearly provides that where complainant is represented by a pleader/counsel or where Magistrate is of opinion that personal attendance of complainant is not..........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint for non appearance of complainant - Evidence of prosecution was closed and accused was examined u/s 313 Cr.P.C. Held, learned Magistrate would have proceeded with disposal of case on merit...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint for default without recording reason as to whether personal attendance of complainant was essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to any other reason..........

Showing : 71-80 of 151 Results