| Home |
Section 138, Criminal Procedure Code, 1973, Sections 204, 482 - Offence u/s 138 Negotiable Instruments Act - Complaint - Summoning order - Defective statutory notice - Order of summoning cannot be recalled as there is no provision in the Code - Remedy lies by filing a petition u/s 482 of the Code. (Subramanium Sethuraman Vs State of Maharashtra & Anr.) 2004(2) APEX COURT JUDGMENTS 507 (S.C.) = 2004(4) CRIMINAL COURT CASES 307 (S.C.)
Section 138 - Second summoning order - Summoning order issued against partnership firm and one partner - Summons could not be served - Therefore warrants of arrest ordered - Accused could not still be summoned despite issuance of warrants of arrest - Complainant thereafter filed an application giving names of three other partners - Additional evidence recorded - Second summoning order against these partners passed - Second summoning order against three more partners of the firm - Not valid - Once summoning order had been passed, second and independent summoning order could not be issued - Magistrate had proceeded with assumption as if he was passing order of summoning for the first time whereas he had already crossed the stage of Section 204 Cr.P.C. - Second summoning order and proceedings thereafter quashed. (Smt.Sujini Balaji & Anr. Vs M/s Shreyans Spinning Mills) 2001(1) CIVIL COURT CASES 419 (P&H) : 2001 ISJ (BANKING) 0634
Section 138 - Dishonour of cheque - Summoning order - Magistrate can drop the proceedings if after appearance of accused no evidence is found against the accused. (B.Lakshmi Vs M/s Trishul Coal Services & Transporters) 1998(1) CIVIL COURT CASES 454 (A.P.) : 1998 (1) ALL INDIA CRIMINAL LR (A.P.) 0607 : 1997 (4) RCR (CRL.) 0669 : 1998 (1) BANKING CASES 0435 : 1998 (93) COMP. CASES 0292 : 1997 (4) CRIMES 0157 : 1997 CRL. L.J. 3616 : 1997 (2) ALT (CRL.) 0383 : 1998 (2) CCR 0677
Section 138 - Summoning order - Recall - A summoning order cannot be recalled by the Court issuing it on the basis of probabilities and on the basis of the version given by the accused in his objection. (S.K.D.Goel Vs State of U.P.) 2000(1) CIVIL COURT CASES 425 (All.)
Sections 138, 142 - Dishonour of cheque - Complaint - Magistrate summoning some accused persons and declining to summon others - Validity - At stage of issuing process, not necessary to go in detailed discussion of merits or demerits of case - In the instant case it is clear from the material on record that there was sufficient material to proceed against the persons who were declined to be summoned - Impugned order of Magistrate wholly illegal and not at all sustainable. (Steel Authority of India, Ghaziabad Vs Harbhajan Singh) 1999(3) CIVIL COURT CASES 45 (All.) : 1999 (4) ALL INDIA CRIMINAL LR (ALLAHABAD) 0441 : 1999 (4) RCR (CRL.) 0040 : 1999 CRL. L.J. 3372
|