Showing : 91-100 of 326 Results

ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 200, 202-- Breach of contract/cheating/criminal breach of trust - There is very thin difference between a case of breach of contract and a case of cheating/criminal breach of trust - A mere breach of contract is not, necessarily cheating - A mere refusal to repay money or carry on the firm with together is..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint - Examination-in-chief of complainant - Held, affidavits given by complainant at pre-summoning stage alongwith complaint, at the most, will become previous statement of complainant with which he can be confronted later on filing of fresh affidavit by complainant at..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 190, 200, 204-- Summoning of accused - Power of Magistrate - Exercise of - Held, right of a complainant to agitate the matter through a complaint cannot be taken away by filing of a charge sheet by the investigating officer under different and lesser offences and against some of accused only - Therefore, the..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173(8), 200, 204-- Proceedings u/s 200 Cr.P.C. pending - Magistrate cannot order reinvestigation...........
MADHYA PRADESH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Complaint - Issuance of process - Procedure to be followed - Held, for purpose of issuing process u/s.200 CrPC it is open to Magistrate to rely upon verification in form of affidavit filed by complainant in support of complaint u/s.138 of N.I. Act and Magistrate is not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B- - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200-- Summoning order - Issuance of - Exercise of power by Magistrate - Held, at the stage of summoning, all that Magistrate has to see is whether or not there is "sufficient ground for proceeding" against accused - Magistrate is not to weigh evidence so meticulously as he is required to do during..........
CHHATTISGARH HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Private complaint - Order taking cognizance and issuing process in complaint filed u/s.138 of the Act on basis of examination of complainant on affidavit in terms of S.145 (1) of the Act - Legality - Held, no illegality in impugned order taking cognizance and issuing process..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482-- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned order by which petitioner has..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173, 190(c), 200-- Police investigated matter - Submitting closure report - Closure report rejected by Magistrate - Magistrate directed police to submit charge-sheet - Validity of - Held, Magistrate while disagreeing with final report/closure report can take cognizance but cannot direct police to submit charge..........

Showing : 91-100 of 326 Results