Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non-appearance of complainant - Acquittal of accused - Challenge to - Vital rights of appellant bank are involved before Trial Court - Held, impugned order dismissing complaint and acquitting accused liable to be set aside - Complaint restored -..........
Criminal trial -- Company - Juristic person is always at liberty to change its representative to pursue the complaint on its behalf at different stages of the litigation - It is so in the very nature of things because the executive body of the de jure complainant may keep on changing...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Held, summoning Court taking into consideration provision of S.202 Cr.P.C. shall hold an enquiry whether accused who reside beyond its territorial jurisdiction is to be summoned or not within 15 days considering summoning evidence already..........
Judges (Protection) Act, 1985, Section 3(1) - - Protection to Judges - Availability - Held, provisions of S.3(1) and 3(2), if construed harmoniously, it would be clear that if allegation in complaint is made on the basis of a judgment which is given by a Judge while discharging his official duties as a Judge and that is made the basis of criminal complain, then, in that..........
Indian Penal Code, 1860, Section 302, 34, Criminal Procedure Code, 1973, Section 203, 482 -- Murder - Complaint - Summary dismissal - Validity - Specific case of complainant that deceased was pushed by "Lathi" by accused persons - Only on the ground of non availability of any external injury on the person of deceased, Magistrate summarily rejected complaint petition -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - Validity - Examination-in-chief of DW1 was yet to be completed - Case was not fixed for cross-examination of DW1 - Held, Magistrate could easily record examination-in-chief for which presence of complainant was not necessary..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Summoning order - Quashing of - Cheques issued by petitioner/husband to respondent/his wife got dishonoured - Evidence on record shows that cheques in question were issued by petitioner/husband towards his moral and social responsibility - Though..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action to file complaint - Arising of - Held, cause of action for an offence u/s 138 of NI Act arises only when on a dishonour of cheque and after receipt of notice accused fails to make payment of said amount of money to payee or as case may be to holder in due course of cheque within 15 days..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 462 -- Dishonour of cheque - Complaint - Wrong territorial jurisdiction - Effect - Held, S.462 Cr.P.C. says that no proceedings in a wrong place shall be set aside unless it appears that such error has occasioned a failure..........
Negotiable Instruments Act, 1881, Section 138, 256, Criminal Procedure Code, 1973, Section 482 - - Dishonour of cheque - Complaint - Dismissal for no, prosecution - Validity - Petitioner failed to appear on date fixed by trial Court because of wrong noting of date by his Counsel - Complaint dismissed for no, prosecution and accused acquitted - Held, it is a fit case for..........
