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 -- 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, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Complaint dismissed for no, prosecution - Case called several times but none appeared - As nobody should be condemned unheard, order of dismissal set aside - Complaint restored to its original number - Direction issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Acquittal of accused on the ground that complainant failed to take steps to secure presence of accused - Warrant of arrest issued - Warrants not executed by police - Complainant cannot be held responsible for failure of police to arrest accused - Impugned order is patently..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Amounts to acquittal of accused - Order can be challenged by seeking leave to appeal u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Absence of complainant from proceedings was not willful or intentional but due to justifiable reason - Moreover, proceedings were pending for securing presence of accused - Even, Magistrate neither examined nor..........
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 - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........