Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant at the stage of consideration of application u/s 311 Cr.P.C. - Complainant had already led his evidence - Magistrate could have dismissed the application and proceeded with the case on the basis of..........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR - Mala fide motive - Mala fide motives are required to be affirmatively pleaded and proved - Person against whom mala fide or bias is imputed should be impleaded as a party respondent to proceedings eo nomine and that in his/her absence no inquiry into allegations can be made...........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR/complaint - Plea of mala fide - Assets disproportionate to known sources of income - If sufficient materials are gathered for sending the accused for trial then plea of mala fide may not per se form basis for quashing FIR/complaint...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Preliminary inquiry - At the stage of preliminary inquiry, exercise of investigative powers being barred, such an inquiry is intended to facilitate process of formation of opinion as to whether FIR at all is required to be registered...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR/complaint - Whenever powers are invoked either u/art 226 of Constitution or u/s 482 Cr.P.C for quashing of FIR/complaint, Courts would not be justified in embarking upon an enquiry as to probability, reliability or genuineness of allegations made therein...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Material on record is not sufficient for summoning of an additional accused - Even, material produced on record was not sufficient for conviction of accused against whom charge sheet was filed, as he was acquitted by trial Court - Application dismissed...........
Criminal Procedure Code, 1973, Section 173, 156 -- Investigation - Constitutional Courts may order further investigation/re-investigation/de novo investigation even after charge sheet is filed and charges are framed...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Investigation of case conducted in perfunctory manner - There was no proper investigation by State investigating agency at the relevant time and even material evidences were also not collected - Mere filing of charge sheet and framing of charges cannot be an impediment in ordering further..........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Merely because other accused are acquitted, it cannot be a ground not to continue investigation against accused - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Rigours of S.45 of PML Act is applicable even with respect to application u/s 438 Cr.P.C - Order granting anticipatory bail set aside...........
