Criminal Procedure Code, 1973, Section 156(3), 200 -- Private compliant - Cognizance of offence - Where contents of private complaint reveal sufficient grounds to invite an offence, mere fact that complainant has sought for relief of forwarding it to police u/s 156(3) Cr.P.C., does not make complaint not maintainable...........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - There is no specific provision in the Code to amend either a complaint or a petition filed under the provisions of Code, but petitions seeking such amendment to correct curable infirmities can be allowed even in respect of complaints...........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment application mainly on the ground that no cognizance was taken of the complaint, before the disposal of amendment application - Held, High Court rightly declined to interfere with the order passed by..........
Criminal Procedure Code, 1973, Section 200 -- Amendment of complaint - Proposed amendment not a formal amendment but a substantial one - Magistrate allowed amendment - Order upheld on the grounds viz. (1) Magistrate was yet to apply his judicial mind to contents of complaint and had not taken cognizance of matter; (2) since summons was yet to be ordered to be issued to..........
Criminal Procedure Code, 1973, Section 200 -- Cognizance - Meaning - Cognizance has a reference to the application of judicial mind by Magistrate in connection with the commission of an offence and not merely to a Magistrate learning that some offence had been committed - Mere presentation of complaint and receipt of same in Court does not mean that Magistrate has taken..........
Criminal Procedure Code, 1973, Section 200 -- Complaint case - Cognizance of offence - Three courses are available to Magistrate while taking cognizance of offence: (i) Magistrate can either issue summons to accused; or (ii) order an enquiry u/s 202 Cr.P.C.; or (iii) dismiss the complaint u/s 202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 200 -- Cognizance of offence - Magistrate takes cognizance of an offence when he decides to proceed against accused having committed the offence and not at the time when Magistrate is just informed either by complainant by filing complaint or by police report about the commission of an offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
Criminal Procedure Code, 1973, Section 156(3), 190, 200 -- Application u/s 156 Cr.P.C. on the ground that complainant went to police station to lode a report but her report was not lodged - Application dismissed - Revision against - Information to police regarding commission of cognizable offence, if given, to a police officer but no action is taken then remedy is to file..........
Criminal Procedure Code, 1973, Section 200 -- Affidavit - Not substitute of sworn statement on oath - Recording of sworn statement of complainant and his witnesses before taking cognizance is mandatory - Cognizance taken on the basis of Affidavit, held, not proper - Proceedings from the stage of S.200 Cr.P.C. set aside and Magistrate directed to follow the procedure..........