Showing : 31-40 of 254 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Dismissal of complaint in default at the stage when it was fixed for addressing arguments - Complainant was duly represented by his counsel - Magistrate was not justified in dismissing complaint in default for single absence of complainant, particularly on a date of hearing..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 397(3)-- Successive revision petition - Maintainability - Where revision petition was dismissed as withdrawn on account of dismissal of main complaint, order passed wherein was basis of filing first revision petition cannot be treated as a bar to prefer successive revision petition after revival of..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 256(1), 401, 378-- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137-- Dishonour of cheque - Dismissal of application u/ss 145(2) of NI Act and 311 Cr.P.C. - Means obstruction in bringing out evidence on record - Court is duty bound to allow cross-examination of witness whose examination-in-chief has already been recorded because without allowing cross-examination of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482-- Petition u/s 482 Cr.P.C. - Petitioner cannot invoke jurisdiction u/s 482 Cr.P.C. after dismissal of his revision by Sessions Court, as it amounts to second revision - However, in case of grave injustice, High court can interfere u/s 482 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364-- Complaint - Dismissal for non appearance of complainant - Magistrate was not competent to discharge accused and dismiss complaint, in view of provisions of S.249 CrPC, as complaint under "cognizable and no, compoundable offences" automatically after summoning accused has to be treated as State..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 249, 482, Indian Penal Code, 1860, Section 302, 364-- Complaint - Dismissal for non appearance of complainant - After recording preliminary evidence, Magistrate had summoned accused persons by issuing process, but except for one accused, presence of remaining accused persons could not be procured and after elapsing of more than eight years, complaint..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of compliant - S.203 Cr.P.C. consists of two parts: (i) First part lays down the materials which Magistrate must consider; and (ii) second part states that if after considering those materials, there is no sufficient ground for proceeding, Magistrate may dismiss the complaint...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of compliant - While exercising power u/s 203 Cr.P.C., it is incumbent to reflect in the order, basis for arriving at the conclusion that there are no sufficient grounds to proceed with complaint case...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 203-- Dismissal of first compliant - Second complaint on the same facts - Maintainability - First complaint not dismissed on merits but due to non examination of witnesses - Second complaint filed and initial statement and statements of witnesses recorded u/s 202 Cr.P.C., Magistrate prima facie found..........

Showing : 31-40 of 254 Results