Dishonor of Cheque - complaint was dismissed without taking ...

Higher Court Overturns Trial Court's Dismissal of Cheque Dishonor Case, Citing Misinterpretation of Section 256 and Illegal Order.

June 23, 2022

Case Laws Indian Laws HC

Dishonor of Cheque - complaint was dismissed without taking cognizance - The complaint has been axed even before it was numbered and taking on file. In the opinion of this court, the Trial Court has not exercised its discretion judicially and fairly the order passed misconstruing the scope of Section 256 is illegal and the impugned order is liable to be set aside and accordingly, it is set aside. This court is also of the view that normally, when an order is passed under Section 256 Cr.P.C., only an Appeal will lie. Now, that, an illegal order has been passed even prior to taking of cognizance, the impugned order is set aside invoking the inherent powers of this court under Section 482 Cr.P.C. - HC

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Dishonor of Cheque - complaint was dismissed without taking ...

Higher Court Overturns Trial Court's Dismissal of Cheque Dishonor Case, Citing Misinterpretation of Section 256 and Illegal Order.

June 23, 2022

Case Laws Indian Laws HC

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