Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, Dishonour of cheque -- Dismissal of complaint in default - Complaint cannot be dismissed u/s 256 Cr.P.C for absence of complainant if the matter is for return of summons, as presence of complainant was not required for that day - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Accused was not physically present on the date of passing impugned order of dismissal of case - Magistrate passed the order of dismissal of case without performing an opinion that there is no good reason to adjourn hearing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(1), 378(4), 256 -- Dishonour of cheque - Death of complaint during pendency of case - There is no provision in Cr.P.C or NI Act laying down that on account of death of payee, trial must be abate - Legal heirs of original complaint are entitled to come forward and ask for subsitiution..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Singular default in appearance on part of complainant could not entail dismissal of complaint in default more particularly when he had been diligently pursuing same ever since its institution..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - Non-appearance or death of complainant - If complaint is dismissed for non-appearance or death of complainant, after appearance of accused on service of summons or otherwise, same amounts to acquittal of accused u/s 256 Cr.P.C - Therefore, remedy of complainant is to file an appeal as provided u/s..........
Criminal Procedure Code, 1973, Section 256 -- Dismissal of complaint - If complaint is dismissed for non-payment of process fees or other fees dealt with in S.204(4) Cr.P.C, same is not an appealable order - Said order is revisable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - No finding that complainant was not pursuing complaint honestly and diligently and there is no reference to previous history with regard to conduct of complainant causing unnecessary delay on account of adjournments sought..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complaint dismissed by Magistrate by invoking S.256 Cr.P.C and not on merits - One more opportunity is thus, given to complainant to proceed with the case - Order of dismissal of complaint set..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 362 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - When Magistrate in a summons case, dismisses complaint and acquits accused due to absence of complainant on date of hearing, it becomes final and it cannot be restored in view of S.362..........
