Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - If there is an application u/s 145(2) of N.I. Act for recalling a witness of complainant, Court shall decide the same, otherwise, it shall proceed to take defence evidence on record and allow cross examination of defence witnesses by complainant...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Recall of CW1 - Earlier application filed u/s 311 Cr.P.C. for recall of CW1 was rejected and since accused did not chose to challenge the said order, same attained finality - Accused thus, has no right to move another application with same prayer for same purpose on the ground that certain..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Merely because earlier counsel has shown laxity in not cross-examining the complainant, on that score, it cannot be construed as a ground to recall witness and permit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Full and effective opportunity already afforded to petitioner to cross-examine complainant - Even, in event any deposits have been made by petitioner in account of..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness - Complainant examined and cross-examined - After two years accused moved application u/s 311 of CrPC for further cross examination of the complainant - No explanation assigned why application for re-examination was not filed at the earliest..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Procedure of summary trial enable the respondent to lead defence evidence by way of affidavit and documents - An accused who considers that he has a tenable defence and case against him is not maintainable, can enter his plea on the very first day of his appearance and file an affidavit in his..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Negotiable Instruments Act, 1881, Section 138 -- Document sought to be produced by recalling a witness - Authority to file complaint by a resolution of Board of Directors - However, alongwith complaint another document filed - Relevant document mentioned in the list of documents filed alongwith complaint - Refusal of lower Court to recall witness for marking the correct..........
