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Search Results for "restoration of complaint"

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High Court

High Court of Karnataka Allows Appeal by Legal Representatives of Deceased Complainant in NI Act Case, Restores Complaint Dismissed for Non-Prosecution. The Court held that the trial court erred in dismissing the complaint for non-prosecution without considering the death of the complainant and the right of legal representatives to continue the proceedings under Section 256 of CrPC.

1 Apr 2021

The present criminal appeal was filed by the legal representatives of the deceased complainant, Sri J. Raju, challenging the order dated 24.12.2011 pa...

High Court

High Court of Karnataka Allows Restoration of Complaint in Cheque Bounce Case After Complainant's Death — Legal Representatives Permitted to Continue Proceedings Under Section 256(2) Cr.P.C. The court set aside the dismissal order and restored the complaint under Section 138 of the Negotiable Instruments Act, 1881, holding that legal representatives have the right to continue the prosecution.

16 Oct 2020

The petitioners, who are the wife and children of the original complainant A. Krishnappa, filed a criminal petition under Section 482 of the Code of C...

High Court

Bombay High Court Dismisses Petition Challenging Restoration of Private Complaint in Murder Case. Magistrate's Order to Restore Complaint After Dismissal for Default Held Not Barred by Section 362 Cr.P.C. as It Was Not a Review but a Recall of an Ex-Parte Order.

13 Jun 2013

The petitioner, Dinkar Suryabhanrao Shinde, a Police Circle Inspector, filed a Criminal Writ Petition under Section 482 Cr.P.C. and Article 227 of the...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint in Default in Cheque Dishonour Case — Restoration of Complaint Ordered as Complainant's Absence Was Due to Wrong Date Mentioned in Notice. The court held that procedural fairness requires that a complaint not be dismissed in default when the complainant's absence is due to a mistake in the court's notice, and the accused's discharge was set aside.

28 Sep 2012

The appellant (original complainant) filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of the Indian Penal C...

High Court

Bombay High Court Allows Restoration of Complaint Under Section 138 NI Act Dismissed for Default. Opportunity of hearing granted to complainant subject to cost of Rs. 1,000.

22 Feb 2012

The appellant, M/s. Shree Datta Fertilisers & Chemical Pvt. Ltd., a private limited company, filed a complaint under Section 138 of the Negotiable Ins...

High Court

Bombay High Court Allows Appeal Against Dismissal of Complaint in Default, Restores Private Complaint for Assault and Criminal Intimidation. Court holds that dismissal of complaint for default without considering merits is improper when complainant was absent due to advocate's illness.

20 Jan 2012

The appellant, Dagu s/o Mohan Gudghe, filed a private complaint before the Judicial Magistrate (First Class), Kopargaon, alleging that on 14-5-2006 at...

High Court

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.

12 Dec 2011

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...

High Court

Bombay High Court Allows Restoration of Complaint in Criminal Defamation Case. Magistrate Has Inherent Power to Restore Complaint Dismissed for Default Under Section 500 IPC.

20 Jul 2011

The petitioner, Kishore Babubhai Ruparel, filed a criminal complaint under Section 500 read with Section 34 of the Indian Penal Code, 1860 (IPC) again...

High Court

Bombay High Court Allows Appeal and Restores Complaint Dismissed Under Section 256 CrPC for Complainant's Absence. Sufficient Cause Shown for Absence on a Single Date, Trial Court Directed to Decide on Merits.

25 Feb 2005

The appellant, Harjeet Kaur, filed a criminal complaint before the Metropolitan Magistrate, 12th Court, Bandra, Bombay. The Magistrate dismissed the c...

High Court

Bombay High Court Allows ESI Corporation's Appeal Against Dismissal of Complaint for Default, Restoring Complaint on Grounds of Sufficient Cause and Public Interest. The court set aside the Trial Court's order dismissing the complaint under Section 85(g) of the ESI Act for non-appearance, holding that the dismissal was not justified and the matter involved public interest.

22 Feb 2005

The appellant, Employees' State Insurance Corporation (ESIC), through its Deputy Regional Director, filed a criminal complaint under Section 85(g) of ...

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