SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney holder's sworn..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 210(1)- - Complaint case and police investigation - Once the final report u/s 173 Cr.P.C. was before Magistrate and he had chosen not to accept the cancellation report, only course with Magistrate was to try the complaint case and state case together as if instituted by state...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay - Delay in lodging complaint and registration of FIR satisfactorily explained - Delay by itself no ground for disbelieving the prosecution evidence particularly when it had been accepted both by Sessions Court and High Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - False complaint by wife - Nothing produced by husband to show that complaint by wife was a false complaint - Without any documentary proof, it cannot be said that complaint by wife was a false one...........
MADHYA PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 204-- Summoning of accused - Magistrate has no power to summon accused merely because complaint against him is filed as there should be sufficient ground for proceeding in case of complaint after examination of complainant - Summoning of accused by Magistrate without examining contents of complaint..........
CALCUTTA HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 326, 307-- Complaint u/ss 326 & 307 IPC - These two sections cannot be used simultaneously to convict a person - Although punishment u/ss 326 & 307 IPC is similar but offence is not the same - In the instant case, offence related to victim being shot in right shoulder - Victim was hospitalized for about 20..........
KARNATAKA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220-- Dishonour of Cheque - Joint trial - A single complaint can be filed in respect of dishonor of multiple cheques issued by accused in favour of complainant in respect of same transaction - Trial Court therefore committed no illegality in proceeding to conduct a common trial in respect of 18 distinct..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Territorial jurisdiction - Cheque in question was issued at Karnataka - Cheque presented for collection at Kerala which was dishonoured for insufficiency of funds - Held, mere presentation of cheque for collection at Kerala did not confer jurisdiction to Court at Kerala -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 210-- FIR and private complaint in same offence - Once investigation is complete and cancellation report is filed then Magistrate cannot call for a report from police when police had already closed the chapter...........