LawMirror.com

Results of pre summoning evidence

Showing : 1-10 of 18 Results

DELHI HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 244 -- Complaint case - Charge framed without recording pre-charge evidence and charge framed placing reliance solely on the pre-summoning evidence - Charge framed not sustainable and accordingly set aside - Matter remitted to Metropolitan Magistrate and shall be commenced from stage of recording of pre-charge evidence...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate can also assess on receipt of complaint as to whether, he, while conducting an inquiry, at the pre-summoning stage will be able to collect material available on record especially in cases which are based on documentary evidence such as cheating, forgery etc. - It is not in the..........

DELHI HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 156(3), 190 -- Taking cognizance and ordering pre summoning evidence instead of issuing direction to police to register FIR - Order upheld as nature of evidence required to be led to substantiate such accusations does not require any police investigation...........

DELHI HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 156, 190, Indian Penal Code, 1860, Section 498A, 406, 354, 506, 34 -- Application u/s 156(3) Cr.P.C. for offence u/s 498-A, 406, 354, 506, 34 IPC - Magistrate taking cognizance and adjourning case for pre-summoning evidence instead of issuing direction to police to register FIR - Ground for such order as : (a) Allegation of cruelty..........

DELHI HIGH COURT

Year of decision: 2016
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Additional accused can be summoned on the basis of pre-summoning evidence...........

CALCUTTA HIGH COURT

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C., significantly uses two expressions i.e : (i) Inquiry; (ii) Trial - As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry - Word evidence u/s 319 Cr.P.C. contemplates evidence of witnesses given in court in inquiry or trial...........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court rejected application u/s 319 Cr.P.C. on mere conjectures as to whether there exists possibility that accused so summoned in all likelihood would be convicted - Prima facie satisfaction expressed by Court below is just by conducting fishing enquiry which is not expected at this stage -..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Complainant is not required to examine himself twice i.e. one after filing complaint and one after summoning of accused - Affidavit and documents filed by complainant alongwith complaint for taking cognizance of offence are to be read in evidence at both the stages i.e. pre..........

DELHI HIGH COURT

Year of decision: 2013
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Deletion of names of two complainants sought before recording of pre-summoning evidence - Trial Court allowed the same - Held, neither illegal nor irregular...........

Showing : 1-10 of 18 Results