Showing : 1-10 of 77 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 200, 203-- Second complaint on same allegations - Not barred when in first complaint there was no conviction, acquittal or discharge - If dismissal of complaint was not on merit, but on default of complainant, second complaint on same facts is maintainable - But if dismissal of complaint u/s 203 of the Code..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint in default - Restoration - Complaint dismissed for want of prosecution only for single default - Justice demands its restoration and decision on merit - Impugned order set aside - Complaint restored...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
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, as he has..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint in default at the stage when it was fixed for addressing arguments - Complainant was duly represented by his counsel - Magistrate was not justified in dismissing complaint in default for single absence of complainant, particularly on a date of hearing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364-- Complaint - Dismissal for non appearance of complainant - After recording preliminary evidence, Magistrate had summoned accused persons by issuing process, but except for one accused, presence of remaining accused persons could not be procured and after elapsing of more than eight years, complaint..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397-- Dishonour of cheque - Dismissal of complaint in default - Acquittal of accused - Revision against order of acquittal is not maintainable, as only remedy available to complainant is to prefer an appeal u/s 378(4) Cr.P.C...........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI Act in relation to dishonour of cheque which formed the basis of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute offences u/s 406/420 IPC may have been laid out, it does not follow..........
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 - Dismissal in default - Reason for dismissing complaint was beyond the control of complainant - Therefore, to meet ends of justice, complainant is given another chance to put forward his claim - Complaint ordered to be restored to its original number and trial..........

Showing : 1-10 of 77 Results