Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Transfer of complaint - Cheque was presented at Bank located at place `R' and same was dishonoured for want of funds - Complaint filed before Court at place `R' - Therefore, no case is made out for transfer of complaint u/s 138 of the Act - Petitioner can always apply for grant of exemption for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint u/s 138 of N.I Act cannot be transferred as per convenience of accused - Since accused is a woman and a senior citizen, therefore, she can always seek exemption from personal appearance - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Exemption granted by Revisional Court that petitioners shall furnish bail bonds/surety bonds to the satisfaction of trial Court by putting in appearance before trial Court and on their furnishing undertaking to the effect..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Complainant has no objection if prayer of petitioners for being allowed to be represented u/s 205 Cr.P.C at time of recording of plea and examination of accused u/s 313 Cr.P.C. - Impugned order set aside - Directions..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - It is discretion of Court to exempt an accused from personal appearance till such time his appearance is considered by the Court to be not necessary during the trial - While considering an application u/s 205 of the Code, Magistrate has to bear in mind the nature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - Court must ensure that the exemption from personal appearance granted to an accused is not abused to delay the trial...........
