Showing : 91-100 of 171 Results

KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205-- Dishonour of cheque - Summons issued - Subsequent issuance of warrants - Not a reason to insist personal appearance of accused to consider an application for exemption or to plead guilty or not guilty, if Court is satisfied that there is ground to grant exemption...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 203, 204-- Issue of process - Duty of Magistrate - Prima facie case - Held, at the stage of passing order u/s 203 or 204 Cr.P.C., only prima facie case has to be seen and not whether the evidence as adduced is to result in conviction of accused persons...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204-- Recall of summoning order - Summoning order recalled - Magistrate had jurisdiction to recall the summoning order in view of K.M.Mathew's case - Subsequently Supreme Court in Adalat Prasad case held that Court which passed the order of summoning had no jurisdiction to recall the same as there is no..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204-- Dishonour of cheque - Issuance of process - Respondent was not examined u/s 200 of the Code and Magistrate relying upon affidavit filed by respondent issued process against petitioner - Held, this exercise undertaken by Magistrate cannot be sustained - Order issuing process against petitioner as..........
KERALA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205-- Dishonour of cheque - Summons - When summons are issued u/s 204 Cr.P.C. then at any stage before actual appearance of accused or after such appearance, power u/s 205 Cr.P.C. can be invoked...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 204-- Summoning order - Mens rea - Can only be decided at the time of trial and not at the stage of issuing summons...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 204-- Non bailable cognizable offence - Complaint - Court issuing summons - Having exercised the discretion to issue summons only, accused cannot be remanded to custody when he appears in Court and is willing and prepared to offer bail...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 202(As, 203, 204- - Dishonour of cheque - Complaint - Procedure to be followed by Magistrate explained in detail...........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Constitution of India, 1950, Article 226, Criminal Procedure Code, 1973, Section 204, 482, 397(1), 401(1)-- Alternative remedy - Order summoning accused - Challenge thereto - Maintainability of writ petition - Held, petitioners have got an efficacious speedy statutory remedy u/s 482 Cr.P.C. or even challenging summoning order u/s 397 (1) r/w S.401(1) Cr.P.C. - Extraordinary power u/Art. 226 of..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 204, 397-- Interlocutory order - Revision against - Maintainability - Whether issue of process in exercise of power u/s 204 of Cr.P.C. by Magistrate is amenable to jurisdiction of revisional court? - Held, interlocutory order if substantially touches rights of parties and has an effect of final decision..........

Showing : 91-100 of 171 Results