Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused convicted - Compensation not granted to complainant - Once it is proved by complainant that cheque was dishonoured, then it was for trial Court to award compensation to complainant - Sending accused in jail for dishonour of cheque will not serve the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Change of counsel not a reason for not rendering document in question earlier - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Application u/s 311 Cr.P.C. and S.165 Evidence Act for production of documents - Complainant knowingly and as a conscious citizen, participated in the trial - Case is at the fag end of trial as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Complainant was present in Court but she being hard of hearing, could not present herself before Court when case was called, as a result complaint was dismissed for no, prosecution - However, immediately next day..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 91 -- Dishonour of cheque - Source of income of complainant - Recall of complainant - No such suggestion or indication was made while complainant was examined and cross examined - Such application cannot be allowed at a belated stage when case is fixed for final disposal -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 73, 82, 83 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Without a report on service of summons/bailable warrant of arrest was produced before Magistrate - In absence of such report, it cannot be concluded that accused has been evading arrest or..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251, 482 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C already framed against accused and she pleaded not guilty and claimed trial - Application filed by accused u/s 145(2) of N.I Act allowed - Authorized representative of complainant already..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Petition u/s 482 Cr.P.C - Petitioner already availed remedy of revision - She cannot be permitted to take recourse to S.482 Cr.P.C - Petition dismissed...........
