Showing : 111-120 of 326 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Summoning order - Quashing of - While passing summoning order Magistrate has fully relied upon affidavit filed by complainant and no statement was recorded u/s 200 CrPC - Held, Court below has not followed procedure of S.138 N.I. Act while summoning applicant u/s..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 203, 200, 156(3)-- Application u/s 156(3) treated as complaint - Dismissal of complaint by holding that no offence is made out - Even if the civil suit are pending between the parties, if any offence has been committed then it is the duty of the Court to take cognizance of the offence - Complaint can be dismissed..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 173(8), 200, 202, 482-- Reinvestigation - Criminal case cannot be sent to police for reinvestigation - However, it can be sent for further investigation on specific issues - In case Magistrate is not satisfied with the finding or the result of the investigation he himself can examine the complainant and other witnesses..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - It is mandatory for Magistrate to examine complainant and witnesses, if they are present, before taking cognizance - Order taking cognizance without examining complainant set aside...........
JHARKHAND HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3),200-- Complaint - Cognizance - Taking of - Held, where a jurisdiction is exercised on a complaint petition filed in terms of S.156(3) or S.200 of CrPC, Magistrate is required to apply his mind - Penal Code does not contain any provision for attaching vicarious liability on part of Managing Director or..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452, 379-- Quashing of summoning order - Accused after gaining forcible entry into the house of complainant, assaulted her and her daughter with kicks and fits and hurled filthy caste words and snatched away her ear ring - Magistrate looked into entire allegation and scanned statements of witnesses u/ss 200..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3), 203-- Application u/s 156(3) Cr.P.C. - Magistrate can treat it as a complaint case and record evidence u/ss 200 and 202 Cr.P.C. - Prayer that Magistrate should treat application u/s 156(3) Cr.P.C. as State case rejected - Revision dismissed...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 200, 202, 190-- Protest petition - Magistrate may proceed to examine the matter on the basis of materials collected during investigation and to see whether or not any case for taking cognizance of offence is made out from the materials collected during investigation - If prima facie, a case is made out,..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 156(3), 200, 202-- Cognizance of complaint once taken then investigation by police u/s 156(3) Cr.P.C. cannot be ordered - However, Magistrate after recording evidence of complainant and witnesses during inquiry can direct further inquiry u/s 202 Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 200, 202-- Examination of complainant and witnesses upon oath - Duty of Magistrate - Held, Magistrate is under obligation and duty bound to examine upon oath the complainant and his witnesses before issuance of process u/s 204 CrPC and non compliance of which would vitiate further proceedings...........

Showing : 111-120 of 326 Results