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S.Krishnamoorthy vs Chellammal on 31 March, 2015

In the opinion of this Court, in the light of the law laid down by the Hon'ble Supreme Court in S.Krishnamurthy Vs Chellammal reported in [2015] 4 SCALE 371, disputed question of facts cannot be gone into in quash proceedings. The fact remains that the accused did not reply to the statutory notice that was issued by the complainant. During trial, the complainant should establish the ingredients of offence under Section 138 of Negotiable Instruments Act, 1881. Hence, this petition is devoid of merits and is dismissed with liberty to the petitioner to raise all the points before the trial Court during trial. Consequently, connected Miscellaneous Petitions are closed.
Supreme Court - Daily Orders Cites 4 - Cited by 72 - P C Pant - Full Document

Vinodh Kumar vs State Of Punjab on 18 November, 2010

6.Accepting his submission, the accused shall surrender before the trial Court within two weeks from the date of receipt of a copy of this order. On such surrender, he shall file an application under Section 436 of Cr.P.C. for bail. The trial Court shall release the accused on bail on the same day, on he executing a bond for Rs.10,000/- with two solvent sureties. Thereafter, the accused shall appoint an Advocate on special vakalat. The accused shall give an undertaking that he will not dispute his identity and that his Advocate will cross-examine the witnesses on the day they are examined in-chief, as held by the Supreme Court in Vinodh Kumar Vs State of Punjab reported in 2015[1] MLJ [Crl] 288. The accused shall appear before the trial Court to answer the question under Sections 251 Cr.P.C., 313 Cr.P.C. and on the date of judgment. For other hearings, if the accused files an application under Section 317 Cr.P.C., the same shall be liberally considered and thereafter, the presence of the accused shall stand dispensed with. If the accused adopts any dilatory tactics, the trial Court shall insist upon the presence of the accused. If the accused absconds, a fresh FIR can be registered against him under Section 229-A of IPC. The trial Court is directed to complete the trial in STC.No.177 of 2018 within a period of six weeks from the date of receipt of a copy of this order, provided the accused co-operates and there is no other legal impediment.
Punjab-Haryana High Court Cites 0 - Cited by 64 - R C Gupta - Full Document
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