Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissed in default - Case was posted for cross examination of complainant and neither complainant nor respondent was present before Court - No doubt, respondent has suffered some inconvenience but he can be compensated by awarding reasonable cost - Complaint restored subject to payment of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - As per the complainant, due to wrong noting down of the date neither complainant nor his counsel could appear in Court - Plea taken by complainant appears to be genuine as it would not have intentionally allowed the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of Act - Dismissed in default - No serious effort made to effect service upon accused - Dasti summons were not taken by complainant - However, notice were issued through registered post - Once summons have been issued, it is duty of Court to procure service of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissed in default - Complainant absent on the date fixed for appearance of accused - U/s 256 Cr.P.C., in case complainant is absent on the date fixed for appearance of accused, Magistrate has power to adjourn the hearing of case to some other..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing before trial Court either personally or through his counsel right from date of institution of complaint, except the date on which complaint was dismissed - Trial Court has not recorded any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Restoration of complaint dismissed in default - Plea of petitioner that he was not aware of the case being transferred to another Court - Complaint restored subject to payment of Rs.1,000/- as costs...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Plea that petitioner was not aware of date of hearing - Plea not tenable as in petition itself, it has not been averred that petitioner was not aware of the case being transferred to another Court - However, complainant has been deprived of proving his..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Dishonoured cheque returned by Bank on 07.02.2008 with an endorsement that funds were insufficient - Legal notice sent on 03.03.2008 demanding cheque money - First complaint filed on 29.04.2008 which was dismissed in default..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Complaints dismissed in default resulting in acquittal of accused - Condonation of delay applications filed by Petitioner/Corporation after lapse of 620 days - Reasons sighted were failure of counsel to give intimation about status of cases, disputes regarding fees payable to counsel, and bifurcation..........
