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1 - 10 of 10 (0.21 seconds)Section 256 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
Section 9 in The Negotiable Instruments Act, 1881 [Entire Act]
V.K.Bhat vs G.Ravi Kishore on 29 February, 2016
7. The learned counsel for the respondent would rely on a decision
of Hon'ble Supreme Court in the case of V.K.Bhat vs. G.Ravi Kishore and
another reported in (2016) 13 SCC 243; wherein, the complainant therein
challenging the dismissal, filed the revision before the Metropolitan
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Crl.R.C.(MD)No.1242 of 2024
Sessions Judge and the said revision came to be dismissed on the ground of
absence of complainant; that the complainant has filed another revision
before the same Metropolitan Sessions Judge, but that time, he allowed the
revision and set aside the dismissal order; that when an application was
filed before the High Court alleging that the second revision was not
maintainable, the High Court has held that the order passed by the
Metropolitan Sessions Judge was not illegal and that when the same was
challenged before the Hon'ble Supreme Court, it was held that in the facts
of the case, the dismissal of the complaint for non-appearance of the
complainant amounts to acquittal as contemplated in Section 256 of Code
of Criminal Procedure and on that basis, set aside the order.
Section 6 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 138 in The Code of Criminal Procedure, 1973 [Entire Act]
Anandha Vadivelu vs Kannappan on 7 April, 2011
8.But in the case hand, the complaint was not dismissed for default
under Section 256 of Cr.P.C., but under Section 204(4) of Cr.P.C. The
learned counsel for the petitioner would rely on a decision of this Court in
the case of Anandha Vadivelu Vs. Kannappan in Crl.RC.No.476 of 2009,
dated 07.04.2011, wherein also a complaint filed under Section 138 of
Negotiable Instruments Act came to be dismissed for non payment of
process fee and this Court by referring to the decision of Kerala High
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Crl.R.C.(MD)No.1242 of 2024
Court in the case of Tom Thomas Vs.E. Adbul Lathief and another
reported in 2007 Crl.L.J.1143, has held that the order of dismissal under
Section 204(4) of Cr.P.C., is not an appealable order and only a revision is
maintainable.
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