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Results of dismiss of complaint 138

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KARNATAKA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Source of income - Non production of document with regard to source of income to advance loan - Not a ground to dismiss complaint...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Failure to give specific date of advancement of loan - Not a sole ground to dismiss the complaint when accused admits issuance of cheque and his signatures on the same...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Absence of complainant and his counsel on one or two occasions - Not a ground to dismiss complaint or to discharge accused in a routine, casual and cavalier fashion - Acid test would be as to whether there is a bonafide reason on the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed for default - As per evidence on record, it shows that in no way by absence, complainant is to be benefited in this complaint nor there is anything on record to show that there was any malafide intention on part of complainant for his..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Power of Magistrate - Proviso to S.256 Cr.P.C. provides that Magistrate has discretion to dismiss complaint if on any date fixed for hearing complainant fails to appear in Court - At the same time, if Magistrate finds some reason or..........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Issue of process - Reconsideration of - Permissibility - Held, it is not open to a Magistrate (trial Court), having issued process on a complaint filed before him, to reconsider his decision at the instance of summoned accused and dismiss complaint on any ground without entering into trial..........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for default - For one singular default in appearance on the part of the complainant it is not proper to dismiss the complaint - Complaint restored...........

MADHYA PRADESH HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal in default - Wrong noting of date by clerk - Discretion to dismiss the complaint on the technical ground of non appearance of the complainant should be exercised judicially and fairly without impairing the cause of administration of criminal justice - Complaint restored and Court to proceed..........

KARNATAKA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Not proper to dismiss complaint - Complaint should be kept pending till the ripening of cause of action or complaint to be returned with an advice to the complainant for presentation after completion of necessary statutory period...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non appearance of accused due to illness - Process not issued - Single default not sufficient to dismiss the complaint in default when cause shown by complainant for absence is not disbelieved...........

Showing : 1-10 of 13 Results