Showing : 21-28 of 28 Results

RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, 145-- Dishonour of cheque - Evidence of complainant on affidavit - Evidence of complainant may be given on affidavit not only during the course of trial but even pre-summoning stage i.e., before issue of process pursuant to S.204 Cr.P.C. - Provision of S.145 of the Act has overriding effect to the..........
CALCUTTA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 200, 204, Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Complaint - Issue of process - Complaint for offence u/ss 138 & 141 mentioning necessary averments - However, no, mentioning of necessary ingredients in pre-summoning statement u/s 200 Cr.P.C. - Effect thereof - Held, accused could not be discharged...........
DELHI HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Power of attorney holder - Complaint is maintainable even when it is signed by the power of attorney holder and pre summoning evidence is filed in the form of affidavit of power of attorney holder...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 397(2), Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 4(1), 4(2), 4(3), 6, 29-- Rule No.9 (4), (6) & Rule 10 - Summoning order for offence under Pre-Natal Diagnostic Act - Order challenged in revision in Sessions Court - Revision dismissed by holding that impugned order is interlocutory in nature - Held, summoning order is not interlocutory in nature as in case of acceptance..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Indian Penal Code, 1860, Section 406, 498A, Dowry Prohibition Act, 1961, Section 4, 6, Criminal Procedure Code, 1973, Section 202, 203, 48-- Complaint under Sections 498-A & 406 IPC - Petitioner has given specific instances regarding the manner in which she was physically and mentally tortured, beaten up and thrown out of house twice - She has given specific dates of demand of dowry and beatings given to her - It has also been stated..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 319-- Summoning a person as an additional accused - (1) Sessions Judge can add a person as accused in absence of any committal order against him (2) Power u/s 319 Cr.P.C. is an extraordinary power which should be exercised very sparingly and only if compelling reasons exist; (3) Fact that proceedings..........
DELHI HIGH COURT
Year of decision: 2002
Details
Criminal Procedure Code, 1973, Section 256-- Complaint - Dismissal for default - Dismissal at stage of recording pre-summoning evidence - Revision - As the respondent has not been served as yet as such notice of the petition need not be issued to them...........
DELHI HIGH COURT
Year of decision: 2001
Details
Criminal Procedure Code, 1973, Section 156, 190, 200, 482-- Complaint - Magistrate directed police to investigate and submit a report - Accused has no locus standi to seek quashing of the order at pre-summoning stage - An accused person does not come into the picture at all till process is issued...........

Showing : 21-28 of 28 Results