Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(4) -- Dishonour of cheque - Dismissal of complaint - Since there was no sitting of Court for a long period and case was not taken up for hearing on particular date, complainant was not aware of direction given by Magistrate to take steps for issuing fresh summons to accused - Fit case..........
Criminal Procedure Code, 1973, Section 157(1) -- Delay in sending FIR to Magistrate - Mere delay in dispatching report u/s 157 Cr.P.C does not by itself invalidate an investigation - Delay coupled with other factors would definitely have a bearing on impartiality or otherwise of investigation...........
Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 326, 341, 324 -- Delay in sending FIR to Magistrate - Offence u/ss 326, 341, 324 IPC - Delay in reaching FIR in Court has seriously impacted trustworthiness of investigation and consequently validity of trial - Contention of accused that I.O had utilized interregnum between incident and FIR..........
Immoral Traffic (Prevention) Act, 1956, Section 13, Criminal Procedure Code, 1973, Section 36 -- Special Police Officer - Investigation - Circle Inspector of Police alone was nominated by State Government during relevant period as Special Police Officer to deal with offences under ITP Act, he thus, alone had authority to detect, investigate and also lay final report before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of proceedings - Petitioner sought transfer of proceedings on the basis of his old age - However, petitioner is not even summoned by Magistrate in proceedings u/s 138 of N.I. Act - Petitioner is discharged from said proceedings - Said fact is not..........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Magistrate has jurisdiction and power to issue warrant of arrest, which can be directed against any escaped convict, proclaimed offender against any person who is an accused of a no, bailable offence and is evading arrest - Thus, person against whom warrant of arrest can be issued, must fall in either of said..........
Criminal Procedure Code, 1973, Section 195, 352, Indian Penal Code, 1860, Section 174 -- Cognizance of offence - Offence u/s 174 IPC - S.352 Cr.P.C creates an embargo on a judge of criminal Court or a Magistrate except a judge of High Court from trying any person for offences referred to in S.195 Cr.P.C. - It is thus, not proper for Special Judge to have taken cognizance..........
Criminal Procedure Code, 1973, Section 245(2) -- Warrant case - Discharge - Magistrate has necessary discretion u/s 245(2) Cr.P.C to discharge accused in a warrant case instituted on private complaint when he is satisfied that complainant has neglected to participate in pre-charge enquiry and failed for no good reasons to adduce evidence requisite for formulating a charge..........
Criminal Procedure Code, 1973, Section 437(4) -- Bail - If Magistrate chooses to enlarge an accused who is guilty of an offence punishable with death or imprisonment for life, he shall state reasons for arriving at conclusion that there are no reasonable grounds for believing that accused has been guilty of offence punishable...........
Criminal Procedure Code, 1973, Section 437(4), Indian Penal Code, 1860, Section 304B, 498A, 306 -- Bail - Dowry death - Cruelty - Magistrate granted bail to accused - However, order does not give reasons sufficient to hold that there are no reasonable grounds for believing that accused have been guilty of offences - Magistrate thus, acted without jurisdiction in granting..........
