Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court trying an offence u/s 138 of the Act to award interim compensation to complainant at a preliminary stage of proceedings - Such power can be exercised in a summary trial or summons case when accused pleads not guilty and in any other case upon framing of charge -..........
Civil Procedure Code, 1908, Order 5, Rule 19 -- Service of summons - Requirement to examine process server on oath arises only when returned notices have not been verified on oath...........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Mentioning address of witnesses is not mandatory...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 70, 530 -- Service of summons - Summons were already served and witnesses were bond over - Communication through mobile phone regarding information of date is of course not illegal - Now mobile service by electronic media is already accepted in view of S.70 of BNSS...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Discharge - Magistrate does not have power to discharge accused upon his appearance in Court in a summons trial case based upon complaint in general and particularly u/s 138 of the Act once cognizance has already been taken and process issued u/s 204 Cr.P.C...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Service of summons - Defendant not present at the spot - Defendant proceeded ex parte on the basis of affixation of summons and copy of plaint at the door of defendant's house - A duty is cast upon Court to get parties personally served and in case a litigant does not meet at the spot,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons - In order to accept service as valid service particularly, when report is to the effect that respondent refused to accept summons then, it become duty of Court to examine Process Serving Officer if his report is not on affidavit - Even if Process Serving Officer gives his report on affidavit,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Embargo u/s 37 of the Act comes into play when liberty from custody is sought, not when accused is merely securing appearance pursuant to summons...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Dishonour of cheque - In a complaint filed u/s 138 of NI Act there is no need for Magistrate to issue summons to accused before taking cognizance...........
