Showing : 1301-1310 of 5776 Results

KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence on affidavit - Accused cannot file an affidavit in lieu of chief examination - It is necessary for him to enter the witness box even for chief examination - It is the complainant and the witnesses who could file an affidavit in lieu of chief examination and not the..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR or complaint - In cases where the complaint lodged by the complainant whether before a Court or before the jurisdictional police station makes out the commission of an offence, the High Court would not in the ordinary course invoke its powers to quash such proceedings except in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Additional witness - A child, aged 8 years at time of occurrence, sought to be summoned after 3 years of occurrence - Statement of child not recorded u/s 161 Cr.P.C. - Child living with complainant side and chances of her being under their influence cannot also be ruled out - However, in view of..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 420, 406, 120B-- Offence u/ss 420, 406, 120-B IPC - Complainant convicted u/s 138 NI Act - Complainant alleging misuse of the same very cheque - Such a frivolous prosecution cannot be permitted to be continued - Order taking cognizance quashed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 173-- Negative final report by police - Complainant is entitled to be heard before the report of the investigating agency regarding non commission of the major offence could be accepted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal trial -- Independent witness - Given up as won over - Held, it is for the counsel of complainant to see to whom he wants to examine and the witness not supporting him not to be examined...........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Proof - Accused received demand notice but failed to reply - In her statement u/s 313 of the Code accused has denied everything including availing of loan, issuance of cheque, receipt of statutory notice, etc. - She has not explained any of the incriminating circumstances..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Trial - Substitution of person who filed complaint - Validity - Respondent sought and granted permission by Court below to substitute person who originally instituted complaint with that of another person citing health reasons by specifically reserving right of petitioner to..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 200, 202, 204, 155(2), 482-- Private complaint - Sent to police for enquiry - Inquiry report submitted by police - If Magistrate is to proceed against accused then it is statutory requirement for Magistrate to record statements of complainant and his witnesses by virtue of Ss.200 and 202 Cr.P.C. before issuing process - In..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 467-- Forgery - Complainant not examined - Accused convicted as the prosecution witnesses have established the prosecution case to the hilt...........

Showing : 1301-1310 of 5776 Results