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Section 138, Criminal Procedure Code, 1973, Section 204(2) - Dishonour of cheque - Complaint - List of witnesses - In absence of list of witnesses summons against accused will not be issued - Provision of Section 204(2) is mandatory in nature commanding absolute compliance. (Fakirappa Vs Shiddalingappa & Anr.) 2002(1) CIVIL COURT CASES 275 (Kant.) = 2002(1) CRIMINAL COURT CASES 689 (Kant.) : 2002 (1) ISJ (BANKING) 0595
Section 138, Criminal Procedure Code, 1973, Section 204(2) - List of witnesses - Omission - Not a lacuna as there is only one witness in such cases viz. complainant or payee of cheque. (Holiyappa K.Patil alias Ajjappa Vs Lokappa) 2002(2) CIVIL COURT CASES 367 (Kant.)
Section 138, Criminal Procedure Code, 1973, Section 204(2) - List of witnesses - Though the wording of Section 204(2) Criminal Procedure Code is mandatory, it is only in the nature of directory and non-furnishing of list of witnesses is only an irregularity which can be cured under Section 465 Criminal Procedure Code. (M/s Visva Cement Products, Gadag Vs Karnataka State Financial Corp., Gadag ) 1998(1) CIVIL COURT CASES 40 (Kant.)
Section 138, Criminal Procedure Code, 1973, Sections 204(2) and 465 - List of prosecution witnesses - Issue of process before filing list of witnesses - Omission does not vitiate proceedings nor does it invalidate order of issue of summons - Omission is curable by producing list to accused before evidence is taken - If list of witnesses is not filed by complainant, it may mean there is no witness to be examined on his behalf - If Complainant makes an application with list of witnesses subsequently showing sufficient cause for non- filing of list alongwith complaint, Court in its discretion may allow it. (T.M.Jakkanna alias Tippanna Mallappa Jakkannavar Vs Rajalaxmi Traders) 2001(1) CIVIL COURT CASES 639 (Kant.) : 2001 ISJ (BANKING) 0156
Section 138 - Criminal Procedure Code, 1973, Section 254 & 315 - Dishonour of cheque - Defence witness - Summoning of - Accused himself not examined as a witness - His application to summon defence witness cannot be rejected on the ground that he should first himself be examined as a witness. (B.M.Arif Vs Boston Tea (India) Limited, Mangalore) 2004(3) CIVIL COURT CASES 628 (Karnataka)
Section 138, Criminal Procedure Code, 1973, Section 311 - Witness when not cited in the list of witnesses - Court can allow such witness to be examined under Section 311 Cr.P.C. (M/s Visva Cement Products, Gadag Vs Karnataka State Financial Corp., Gadag ) 1998(1) CIVIL COURT CASES 40 (Kant.)
Section 138, Criminal Procedure Code, 1973, Section 482 - List of witnesses when not given to accused - It is always open to the accused to approach the Trial Court and insist for the list of witnesses - Proceedings cannot be quashed on this ground alone. (M/s Visva Cement Products, Gadag Vs Karnataka State Financial Corp., Gadag ) 1998(1) CIVIL COURT CASES 40 (Kant.)
Section 138 - Failure to mention the names of the witnesses and the place and date of transaction in the complaint - Not fatal. (Criminal Procedure Code, 1973, Section 204(2). (Augusty Vs Rajan) 1999(2) CIVIL COURT CASES 117 (Kerala) : 1999 (4) ALL INDIA CRIMINAL LR (KERALA) 0600 : 1999 (4) RCR (CRL.) 0450
Section 138 - List of witnesses - Not filed - In absence of list of witnesses neither the proceedings can be dropped nor are these vitiated. (K.S.Juneja & Anr. Vs Embassy of Uruguay in India & Anr.) 2004(1) CRIMINAL COURT CASES 133 (Delhi)
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