Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Matter was fixed for evidence - Nothing on record to suggest that complainant had persistently defaulted, abused process of law or exhibited any intention to abandon prosecution - In such circumstances, one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Held, having regard to submissions advanced at bar and in the interest of justice, order dismissing complaint set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Revision not maintainable against an order of acquittal in a complaint case - Proper remedy is to file appeal u/s 378(4) Cr.P.C subject to grant of special leave by High Court - Revision petition rightly dismissed being not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Dismissal of appeal - Non-appearance of appellant/accused - Appeal dismissed, as there was no representation for appellant on the date of hearing of appeal - Dismissal of criminal appeal in default cannot be legally sustained and as such, same is liable to be set aside -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - When the complaint under the Act is dismissed for want of prosecution at the initial stage of issuing summons, then Court concerned has authority to recall the same and bar of S.362 Cr.P.C. will not be applied...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Accused was avoiding appearance before trial Court and on some occasions, counsel for complainant was not present - Trial Court has not exercised his discretion judicially and has wrongly rejected the complaint for want of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
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..........
