Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant - Evidence of prosecution was closed and accused was examined u/s 313 Cr.P.C. Held, learned Magistrate would have proceeded with disposal of case on merit...........
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..........
Criminal Procedure Code, 1973, Section 256, 317 -- Personal attendance of accused - Permanent exemption during trial - Cannot be granted - However, Magistrate can exempt personal attendance even when accused was directed to be personally present on a date of hearing on an acceptable ground...........
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..........
Criminal Procedure Code, 1973, Section 199(1), 256 -- Defamation - Cognizance already taken - Death of complainant during pendency of criminal proceedings - Continuance of - Respondent who is niece of deceased complainant came forward expressing willingness to continue the proceedings - Magistrate vide impugned order allowed continuation of proceedings - Revision..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Mere absence of a complainant does not entail consequences u/s 256 Cr.P.C. - Presence of complainant can only be insisted if progress of the case demands such appearance - On all other dates from the date of filing of complaint to date..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255(1) -- Dishonour of cheque - Complainant ceasing to be in existence or is not properly represented at any point of time - Amounts to absence of complainant - Court has to proceed u/s 256(1) and not under S.255(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378, 256(1), 302 -- Dishonour of cheque - Accused acquitted u/s 256(1) Cr.P.C. on the finding that complainant ceased to be in existence and there was no application by a competent person to continue the prosecution u/s 302 Cr.P.C. - Appeal filed by firm is incompetent...........
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, 401 -- Order of acquittal passed u/s 256 - Revision thereagainst - Maintainable - Held, court has jurisdiction to examine legality of impugned orders passed u/s 256, Cr.P.C. in revision applications...........
