Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non appearance of complainant - Dismissal in default and acquittal of accused - No mention in order that accused was present on that day - If complainant is absent on a particular day and his presence on that day is quite unnecessary then resorting to the step..........
Criminal Procedure Code, 1973, Section 256, Indian Penal Code, 1860, Section 500 -- Second complaint - First complaint dismissed for default - Second complaint on same set of facts - Once first complaint is dismissed for non prosecution, which amounts to acquittal of accused u/s 256 Cr.P.C. then second verbatim complaint is not maintainable...........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Dismissal of complaint in default - Magistrate has no power to review/recall such order of dismissal - However, revisional/appellate Court or High Court in exercise of its power u/s 482 Cr.P.C. can set aside such order, if complainant explains his non appearance on the particular day or convinces Court that..........
Criminal Procedure Code, 1973, Section 202, 203, 256 -- Complaint in summons case - Complaint can be dismissed - (i) On receipt of a complaint for an offence, without recording the statement of the complainant or his witnesses, if the Judicial Magistrate comes to the conclusion that the contents of the complaint itself do not disclose any offence or provide a sufficient..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint when complainant is absent - Held, when presence of complainant is not necessary, complaint should not be dismissed on that ground...........
Criminal Procedure Code, 1973, Section 256, 378(4) -- Absence of complainant on a date when case is fixed for recording statement of complainant and witnesses - Cannot be said that personal attendance of complainant is not necessary on such a date - Acquittal of accused for want of evidence - Order upheld...........
Criminal Procedure Code, 1973, Section 256 -- Complaint - Death of complainant before issuance of summons - Section 256 is not applicable - Order dismissing application of L.Rs for bringing them on record and order of dismissal of complaint set aside - Case remanded for passing appropriate orders on complaint and application...........
Criminal Procedure Code, 1973, Section 311, 256 -- Witness - Summoning of a witness whose name is not mentioned in the list of witnesses - Court has discretion to call an additional witness at any stage for just and proper decision of the case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - For absence on one occasion, the complaint should not be dismissed in the interest of substantial criminal justice...........
Criminal Procedure Code, 1973, Section 256, 362, 482 -- Dismissal for default - Restoration - Appeal or revision dismissed for default and not on merits can be readmitted for hearing on merits if sufficient cause for such default is shown - Same principle also applies to a petition u/s 482 of the Code...........
