Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Restoration - Dismissal of complaint on account of non appearance will certainly cause miscarriage of justice to the complainant - Ends of justice will be met if complainant is given another chance to put forward his claim - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Admittedly, complaint was filed on 4.1.2012 and appellant/complainant or his counsel was attending court earlier - Complaint dismissed for only one fault which is too harsh - Order passed by Court below set aside and complaint restored to its..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compromise - After dismissal of appeal, accused has compromised the matter and compromise deed has been reduced into writing - Respondent/complainant received entire amount and he has no objection if revision petition is allowed - Order of conviction and sentence set..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Appeal against acquittal - Dismissal of complaint u/s 138 of the Act - There is nothing on record to show that complainant has advanced amount in question to respondent/accused - Even, no date, month or year is mentioned that when respondent borrowed money - Neither any receipt nor any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Dismissal of application u/s 311 Cr.P.C. - As per evidence on record, case is pending for defence evidence for last 5 years - Even, CW-1 was duly cross-examined by petitioner/accused - Therefore, accused cannot be allowed to recall witness to fill up lacuna,..........
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..........
