Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default without recording reason as to whether personal attendance of complainant was essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 256 -- Dishonour of cheque - Complaint - Dismissal of complaint on ground of non prosecution - Both complainant and accused absent - In absence of accused hearing could not have been done - Proviso to S.256 Cr.P.C. comes into play as personal attendance of complainant was not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Applicability of S.256 Cr.P.C. - Held, provision of S.256 Cr.P.C. is applicable to complaint filed u/s 138 NI Act - Magistrate is required to apply its mind whether it would be fair and proper to adjourn the matter - In this..........
Criminal Procedure Code, 1973, Section 256, 482 -- Dismissal in default - Complaint filed u/ss 77, 78, 79 of Trade Mark and Merchandise Marks Act, 1958 dismissed on account of non appearance of counsel on date fixed - Non appearance due to mistake of clerk of counsel in noting down the date - Default occurred for the first time - Non appearance bona fide - Order of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non appearance of complainant - Dismissal in default - Held, that great prejudice will be caused to complainant if his complaint goes undefended particularly when the amount involved is Rs.4.27 lakhs - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant when complaint was fixed for recording preliminary evidence - Provision of S.256 Cr.P.C. comes into play only when the summons have been issued on a complaint for the appearance of the accused - It is not..........
Criminal Procedure Code, 1973, Section 256, 203 -- Complaint - Dismissal due to non appearance of complainant on the date fixed and also due to the fact that complainant had led no evidence at the pre-charge stage in support of his complaint - Held, that complaint was dismissed u/s 203 as well as S.256 of the Code i.e. for non appearance of complainant and also on merits -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Death of complainant during pendency of complaint - Son came forward to continue the proceedings - He is competent to conduct the proceedings initiated by the deceased father - Dismissal of petition on death of complainant set aside and son allowed to continue..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Dismissal of complaint in default - Complainant appeared in Court in later part of the day - Held, dismissal of complaint was erroneous - Order of dismissal set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - Complaint can be dismissed in default when personal attendance of complaint was essential on the crucial date - Order dismissing complaint in default set aside as complaint was dismissed without considering the said question...........
