Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing before trial Court either personally or through his counsel right from date of institution of complaint, except the date on which complaint was dismissed - Trial Court has not recorded any..........
Criminal Procedure Code, 1973, Section 256(1) -- Expression "hearing" - Not defined in the Code - Words "any day subsequent thereto to which the hearing may be adjourned" appearing in S.256(1) Cr.P.C. only means any of the subsequent days to which the case is adjourned...........
Criminal Procedure Code, 1973, Section 256(1) -- Non appearance of complainant - Physical presence of complainant is not required - What is required is whether steps have been taken by or on behalf of complainant for the due prosecution of matter - Insistence on the part of Magistrate requiring presence of complainant on all the posting dates cannot be justified...........
Criminal Procedure Code, 1973, Section 256(1), 255(1) -- Non appearance of complainant - Acquittal of accused - After accused pleaded not guilty, acquittal of accused can be only u/s 255(1) or 256(1) Cr.P.C. as the case may be, and there is no other provision in between, to order acquittal of an accused on the ground of absence of complainant or otherwise...........
Criminal Procedure Code, 1973, Section 256(1) -- Non appearance of complainant - Acquittal of accused - If complainant is absent on a day posted for evidence or when his presence is absolutely essential and if complainant does not appear without valid reason and Magistrate does not proceed to adjourn the hearing of case to another date, acquittal of accused would be..........
Criminal Procedure Code, 1973, Section 256(1), 255(1) -- Non appearance of complainant - Acquittal of accused - When no evidence is adduced and when complainant is not present and is not ready to let in evidence, Magistrate cannot acquit the accused u/s 255(1) Cr.P.C. - Acquittal in such cases can only be u/s 256(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 256, 378(4), 482 -- Complaint - Summon case - Dismissal for want of prosecution - Remedy against dismissal - Held, remedy is to file leave to appeal and appeal u/s.378(4) Cr.P.C. - Petition u/s.482 Cr.P.C. for quashing of dismissal order or restoration of complaint not maintainable...........
Criminal Procedure Code, 1973, Section 256, 378 -- Death of complainant - Appeal against acquittal - Impleadment of LRs of complainant - Held, no provision in the Code providing impleadment of person in place of appellant who has preferred an appeal either u/s 372 or 378(4) CrPC - Right to prosecute an appeal is provided only in favour of heirs of deceased appellant who..........
Criminal Procedure Code, 1973, Section 256(2), 258, 302 -- Criminal proceedings - Death of complainant - Held, death of complainant cannot ipso-facto bring about termination of criminal proceeding - Magistrate is authorized to exercise his power u/s 302 Cr.P.C. by allowing any person or prosecution agency for conducting of criminal case - Merely on death of complainant,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears..........
