Showing : 1-10 of 11 Results

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 part of complainant..........
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 absence from..........
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..........
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..........
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...........
DELHI HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 256, Negotiable Instruments Act, 1881, Section 138-- Complaint - Non appearance of complainant - Option lies with the Magistrate either to dismiss the complaint or to adjourn the case for some reason if the Magistrate thinks it proper to adjourn the hearing...........
MADRAS HIGH COURT
Year of decision: 1998
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Complaint - Non appearance of complainant - Dismissal of complaint - Absence of petitioner neither deliberate nor wilful - Order of Magistrate set aside - Magistrate has discretion to dismiss the complaint, but cannot exercise this power in disposal oriented spirit and disposal oriented..........

Showing : 1-10 of 11 Results