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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 of Negotiable Instruments Act, 1881 for Non-Prosecution. Court Holds That Dismissal in Default and Acquittal of Accused Without Considering Merits Is Not Sustainable When Complainant's Counsel Was Present.

The applicant, Murlidhar s/o Harkisandas Manwani, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, ...

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High Court Allows Appeal Against Dismissal of Complaint in Default in NI Act Case — Restoration of Complaint Ordered Due to Sufficient Cause for Absence. Miscommunication Regarding Hearing Date Constitutes Sufficient Cause for Non-Appearance Under Section 138 Negotiable Instruments Act, 1881.

The appellant, The Aurangabad People's Cooperative Bank Ltd., filed a criminal appeal challenging the order dated 4-9-2010 passed by the learned 3rd J...

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Bombay High Court Sets Aside Dismissal of Appeal for Default in NI Act Case — Appellate Court Must Decide on Merits. Criminal appeal under Section 138 of Negotiable Instruments Act cannot be dismissed for non-prosecution; Sessions Judge directed to hear appeal on merits.

The applicant, Jafar Shamshuddin Momin, was convicted by the Judicial Magistrate First Class, Parner, for an offence under Section 138 of the Negotiab...

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Bombay High Court Allows Revision and Restores Criminal Appeal Dismissed for Default in Section 498A IPC Case. Appellate Court Cannot Dismiss Appeal for Non-Prosecution; Must Decide on Merits Under Section 386 CrPC.

The applicant, Sk.Imam @ Babu S/o. Sk.Hussain, was convicted by the Judicial Magistrate First Class, Purna, District Parbhani, in RCC No.36/2006 for a...

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Madras High Court Allows Revision Petition in NI Act Case — Sets Aside Appellate Dismissal for Default. Appellate Court Must Decide Criminal Appeal on Merits Under Section 372(3) Cr.P.C., Cannot Dismiss for Absence of Appellant.

The revision petitioner, S.Jeyaeswari, was convicted by the Judicial Magistrate (FTC), Uthamapalayam under Section 138 of the Negotiable Instruments A...

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Bombay High Court Allows Appeal Against Dismissal of Complaint Under Section 138 NI Act Due to Technical Acquittal. Dismissal under Section 256 CrPC for absence of complainant is technical, warranting restoration of complaint.

The applicant (original complainant) filed a complaint under Section 138 of the Negotiable Instruments Act against the respondent (original accused) f...

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Supreme Court Dismisses Employer's Appeal Against Labour Court Order Holding Fresh Application Maintainable. Interpretation of Rule 16 of U.P. Industrial Disputes Rules, 1957 Concludes That Dismissal for Default Is Not Permissible; Labour Court Must Proceed to Decide on Merits.

The dispute originated from a claim by workmen of Agra Electric Supply Co. Ltd. for recovery of the cost of uniforms not supplied during the period 19...