Showing : 71-80 of 240 Results

GUJARAT HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Issuances of process when accused not residing within jurisdiction of Court - It is obligatory for the Magistrate to postpone the process and make inquiry and after being satisfied, the process could be issued and there is no exception to this proposition on account of nature..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Complaint - Enquiry - Petitioners reside beyond territorial jurisdiction of Magistrate - Complaint never posted for enquiry - Held, there has been an infraction of mandatory provision of sub-s.(1) of S.202 Cr.P.C. - Such infraction vitiates order taking cognizance and..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Conviction - Non-compliance of provision of S.202 Cr.P.C. - Effect - Magistrate took cognizance on perusal of complaint petition, initial statement and documents filed with complaint petition which were sufficient to make out a prima facie case - Held, no failure of justice..........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 190, 202, 156(3)-- FIR and complaint case regarding same transaction - FIR and complaint case ought to be tried together...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Enquiry - Held, enquiry as envisaged under the amended provisions of S.202 Cr.P.C. may not necessarily be insisted upon in those cases tried under the Act where accused person resides outside the jurisdiction of Magistrate - Strict requirement of S.202 Cr.P.C. may not be the..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 200, 202, 203-- Complaint - Dismissal without recording statement of complainant and his witnesses - Complaint when ex facie does not disclose any cognizable offence, it is not necessary to even record statement of complainant - S.203 Cr.P.C. empowers Magistrate to dismiss complaint even without recording..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204-- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order - Remedy lies in invoking S.482 of the Code...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 200, 202, 204, 155(2), 482-- Private complaint - Sent to police for enquiry - Inquiry report submitted by police - If Magistrate is to proceed against accused then it is statutory requirement for Magistrate to record statements of complainant and his witnesses by virtue of Ss.200 and 202 Cr.P.C. before issuing process - In..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 202-- Scope of enquiry u/s 202 Cr.P.C. is limited to ascertainment of truth or falsehood of the allegations made in the complaint - (i) on the materials placed by the complainant before the Court (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 202-- Accused residing outside jurisdiction of Court - Court failed to carry out an enquiry or ordered investigation as contemplated under the amended section of 202 Cr.P.C. - Held, complaint not to be quashed - Complaint has to be remitted with a direction to Magistrate to pass fresh order following..........

Showing : 71-80 of 240 Results