Digi - Legal Insights

Dishonour of cheque - Magistrate erred in procedure by allowing accused to lead evidence without written waiver under Section 315 CrPC and directing affidavit evidence under Section 145 NI Act - Orders closing evidence quashed - Case remanded.

Dishonour of cheque - Complaints dismissed for non-prosecution though summoned witness not bound over - Magistrate erred in placing burden on complainant - Dismissal quashed - Cases restored for fresh trial - Appeal allowed.

 

Dishonour of cheque - Sessions Court vested with revisional powers under Sections 397 and 399 CrPC; dismissal of revision on preliminary ground improper - Denial of cross-examination opportunity held unjust - Order quashed - Petition allowed.

Dismissal of Complaint for Default - Dismissal of a complaint under Section 138 of the NI Act for default due to absence must follow due process; failure constitutes procedural lapse.

Cheque Dishonor and Revision Jurisdiction - Concurrent findings by trial and appellate courts on cheque dishonor cannot be interfered with in revision unless jurisdictional errors are established.

Dishonor of Cheque under Negotiable Instruments Act - Delay in dispatching a demand notice beyond 30 days renders a complaint under Section 138 of the Act untenable.

Legally enforceable debt is a matter of defence and cannot be decided at preliminary stage - Magistrate erred in treating Section 143A as mandatory - Matter remanded for reconsideration.

Formal amendments to a complaint to cure clerical errors are permissible under NI Act proceedings if no prejudice is caused, and such discretion of the trial court should not be interfered with.