Search Results for "acquittal under Section 256 CrPC"

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Search Results for "acquittal under Section 256 CrPC"

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Supreme Court

Supreme Court Quashes Conviction in Revision for Murder Due to Statutory Bar Under Section 401(3) CrPC — High Court Exceeded Revisional Jurisdiction by Converting Acquittal into Conviction Without Notice to Accused. The Court held that revisional court cannot convert acquittal into conviction and that proceedings were vitiated for want of notice and abatement of revision upon death of complainant.

10 Jan 2025

The case pertains to an incident dated 13.03.1998 during the Holi festival. Initially, Dharampal lodged a complaint alleging assault by Om Parkash (co...

Supreme Court

Supreme Court Sets Aside Dismissal of NI Act Complaints Due to Magistrate's Failure to Apply Proviso to Section 256 CrPC. Magistrate Erred in Dismissing Complaints for Non-appearance When Complainant's Evidence Was Already Recorded and Cross-Examination Completed Under Section 138 of Negotiable Instruments Act, 1881.

1 Mar 2023

The Supreme Court addressed appeals arising from the dismissal of eight criminal complaints filed under Section 138 of the Negotiable Instruments Act,...

High Court

Supreme Court Allows Transfer of Murder Trial from West Bengal to Assam Due to Apprehended Bias and Mala Fide State Action. State's Attempt to Withdraw Prosecution Under Section 321 CrPC Set Aside as Arbitrary, and Trial Court's Conduct Raises Doubts on Fair Trial.

1 Jan 2023

The case arises from a transfer petition filed by Afjal Ali Sha, brother of the deceased Kurban Sha, seeking transfer of the murder trial (S.T. No. 1 ...

High Court

Bombay High Court Allows Appeal Against Acquittal in Complaint Case for Non-Appearance of Complainant. Magistrate Failed to Consider Proviso to Section 256 CrPC Allowing Dispensation of Complainant's Attendance When Represented by Pleader.

27 Nov 2019

The appellant, M/s Kothari Enterprises, filed a criminal complaint against M/s Dharendra Agro Food Industries Ltd. and its director, A.J. Shah, for an...

High Court

Bombay High Court Upholds Acquittal in Complaint Case Due to Complainant's Absence — Section 256 CrPC Mandates Acquittal Unless Adjournment is Proper. The court held that the Magistrate's discretion to adjourn must be exercised with care, and the complainant's conduct is significant; failure to appear without sufficient cause leads to acquittal.

26 Nov 2019

The appellant, Shri Champalal Kapoorchand Jain, filed a criminal complaint against M/s. Navyug Cloth Stores and its partners, Vijay Kumar Kapoorchand ...

High Court

Bombay High Court Upholds Acquittal of Accused in NI Act Case Due to Complainant's Absence — Section 256 CrPC Mandates Acquittal When Complainant Fails to Appear Without Justification. The court held that the Magistrate's discretion to adjourn was not exercised as the complainant and his advocate were absent without any application for adjournment.

15 Nov 2019

The appellant, Vamsi Labs Private Limited, filed a criminal appeal under Section 378(4) CrPC against an order of acquittal passed by the Judicial Magi...

High Court

Bombay High Court Allows Appeal Against Acquittal in Section 138 NI Act Case — Magistrate's Mechanical Dismissal Under Section 256 CrPC Set Aside. The court held that the Magistrate must apply judicial mind before dismissing a complaint for non-appearance, and the order must reflect reasons for such dismissal.

9 Mar 2016

The appellant, original complainant, filed a complaint against the respondent No.2 (accused) for an offence punishable under Section 138 of the Negoti...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in NI Act Case Due to Non-Prosecution. Complainant Bank's Failure to File Evidence Affidavit Despite Presence Justified Acquittal Under Section 256 CrPC.

8 Feb 2016

The appellant, The TJSB Sahakari Bank Ltd., was the original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

High Court

Bombay High Court Allows Appeal Against Acquittal Under Section 256(1) CrPC for Non-Appearance of Complainant — Magistrate Must Consider Adjournment Before Dismissing Complaint. The High Court set aside the acquittal and restored the complaint, holding that the Magistrate failed to exercise discretion judicially under Section 256(1) of the Criminal Procedure Code, 1973.

23 Feb 2015

The appellant, Shriman Kisanlalji Sarda Pratishthan, was the original complainant in Regular Criminal Case No.100 of 1995 filed against respondent nos...

High Court

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.

2 May 2011

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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