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Dec 03, 2013 · Remedy for a case u/s 138 N. I. Act. - dismissed for default. ... Complaint filed show cause, I/C Barasat PS directed to execute W/A. Copy of order be sent to Addl. S.P. (North), Fixed 12.12.11 for W/A. ... the said order stated my reluctances to proceed with the case and ordered that the case dismissed for default.
If a complaint is dismissed prior to the summoning of an accused the order may be challenged by way of filing a revision but once Section 256 comes into play the dismissal of a complaint has the effect of acquittal of an accused and only an appeal can be filed under …
12. Prior to the amendments in CrPC before 31.12.2009, a complainant in a complaint case initiated under Section 138 NI Act could challenge an acquittal order only in an appeal before the High Court under Section 378 (4) CrPC. Such appeal would be maintainable only if the appellant/complainant was granted Special Leave to prefer appeal.
Sep 10, 2015 · Criminal proceedings dismissed in default for appearance can be restored-no Bar of 362 CrPC ... power to revive a complaint in a warrant case which was dismissed under Section 259 …
Feb 25, 2016 · unregistered Criminal complaint Case (Bhupendra Singh Vs. Saket Kumar) under Section 138 of Negotiable Instruments Act by learned JMFC, Vidisha, the complainant has preferred this revision under Sections 397 and 401 read with Section 482 of Cr.P.C. for setting aside the impugned order and to restore the criminal complaint case.
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Dismissal of complaint in default - Magistrate cannot order restoration of complaint even if complainant shows very good reasons for his failure to be present on the date of dismissal of complaint - The only remedy available to the complainant is to approach High Court u/s.....
May 19, 2013 · Jiwa Ram Prakash  ISJ (Banking) 562, wherein the complainant filed a complaint under section 138 of the Negotiable Instruments Act, 1881, against the drawer for the dishonour of the cheques and the said complaint was dismissed on July 5, 1993, for default and the same was restored to file on July 20, 1993.
how to withdraw a 138 case answered by expert criminal lawyer. Get free answers to all your legal queries from experienced lawyers & expert advocates on …
Nov 26, 2012 · Leading cases in U/S 138 N.I.Act ( Negotiable Instruments Act ) ... DJ can restore the case dismissed for default - complaint dismissed for default. The JM becomes functus officio and complaint cannot be restored. However DJ can restore, if counsel immediately represent after dismissal. 2001 Crl.L.J.2821. Kar.
Apr 24, 2013 · “Section 142 of Negotiable Instruments Act does not specifically state that the payee or holder in due course of the cheque shall lodge the complaint himself; the power of attorney holder who has every authority to sign and act on behalf of the principal can lodge a complaint …
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of opportunities having.....
Section 138 NI Act: Court cannot restore a complaint dismissed in default [Read the Order] ... Resultantly, on 06.03.2019, the Court dismissed the complaint in default. The trial Court does not have the power to restore the complaint. Dismissal of the complaint, be it for whatever reason, has resulted into miscarriage of justice inasmuch as the ...
June 26, 2019: Madhya Pradesh High Court has held that if the complainant or his counsel or both appear regularly on the date of hearings and, if they are interested in early disposal of the case, then the case ought not to be dismissed for singular default of appearance on the part of the complainant.
Jul 11, 2016 · 66. Section 138 not made out then Section 420 IPC can be drawn – quashing of complaint under Section 138 and 141 of NI Act – complaint dismissed by magistrate – High Court directs to take cognizance under Section 120-B and 420 IPC – valid. 2001 SC 3512. 67.
Appeal No. 472 of 2015) held that a complaint under Section 138 cannot be dismissed by a High Court on the ground that the cheque was issued as a security invoking its power under Section 482 of Criminal Procedure Code, 1973. The court further held that:-The questions such as:-Whether cheques were issued as security?Author: Sanjana Tripathy
under Section 138 of the Negotiable Instruments Act, in C.C.No.32430/2009 on the file of the XXII Additional Chief ... dismissed for default. 3. Now it is the submission at the Bar that consequent upon the order passed by the Revisional Court, the case is restored; ... proposition that, the Court while dismissing the complaint for the
Nov 15, 2019 · As an advocate, one may encounter a situation when a Section 138 matter will be dismissed for Want of Prosecution. The idea is that no person should get unduly harassed, vexed or tormented just because an unscrupulous litigant failed to proceed diligently after filing the complaint against an accused.
Judgments on NI 138 Quash ... Once the first complaint was dismissed in default, filing of 2nd complaint can never postpone the period of limitation or cause of action, the second complaint is liable to be quashed. If barred in time. Dilip Kumar Patra V. Jayant Kumar Mohanty III(2002) Bc 455.
Once the first complaint was dismissed in default, filing of 2 nd complaint can never postpone the period of limitation or cause of action, the second complaint is liable to be quashed. If barred in time.
Pursuant to Illinois Supreme Court Rule 138(c), the filer of a document containing personal identity information required by law, ordered by the court, or otherwise necessary to effect disposition of a matter shall, at the time of such filing, include this confidential information form which identifies the personal identity information redacted ...
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