Showing : 161-170 of 326 Results

SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 156(3), 200, 397, 401-- Magistrate refused to direct investigation in the matter by police and took cognizance himself - Revision against - Held, accused has a right of hearing in such a revision...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint - Recording statement of complainant - Not an empty formality - Recording statement cannot be done mechanically by simply filing details such as date of cheque, name of bank etc. in a format already kept ready - Order issuing process without recording proper..........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 200, 202-- Inquiry - Scope of - Held, inquiry provided u/s 200 and 202 is limited to ascertainment of the truth or falsehood of allegations made in complaint - Decision of Magistrate can only be based on materials placed by complainant - Inquiry is limited for purpose of finding out whether a prima facie..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Cheque in favour of Govt. company - Complainant when a public servant, the statute exempts examination of the complainant and the witnesses, before issuing process...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21-- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto complainant and its employee or other representative, representing..........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 256-- Dishonour of cheque - Complaint - Dismissal of complaint on ground of non prosecution - Both complainant and accused absent - In absence of accused hearing could not have been done - Proviso to S.256 Cr.P.C. comes into play as personal attendance of complainant was not essential and his evidence..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 190-- Final report to Magistrate - Procedure to be followed - Held, where Magistrate receives final report, following four courses are open to him - (I) He may agree with conclusions arrived at by police, accept report and drop proceedings - But before so doing, he shall give an opportunity of hearing..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 190, 200, 202-- Cognizance of offence - Power of Magistrate - Magistrate is fully competent to look into case diary for purpose of taking cognizance and passing summoning order and it was not obligatory for this purpose to treat protest petition as complaint and to follow procedure laid down in Chapter XV Cr.P.C...........
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..........

Showing : 161-170 of 326 Results