Criminal Procedure Code, 1973, Section 202(1) -- Summoning of accused residing beyond jurisdiction of Court - Before summoning the accused residing beyond jurisdiction Magistrate shall enquire into the case himself or direct investigation to be made by a police officer or by such other person as he thinks fit, for finding out whether or not there was sufficient ground for..........
Criminal Procedure Code, 1973, Section 202(1), 482 -- Summoning of accused residing beyond jurisdiction - Non compliance of mandatory provision of S.202(1) Cr.P.C. - Fatal to proceedings - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 202, 156 -- Scope - Difference between the two provisions of Ss.202 & 156 Cr.P.C. - Investigation under both the provisions is different - In a case u/s 202 Cr.P.C. Magistrate to ensure before ordering investigation that I.O. or any other person shall not be allowed to arrest accused in such investigation...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuance of process - Offence u/s 138 of N.I.Act is no, cognizable and therefore need not to be assigned to police for conducting investigation - S.202 Cr.P.C. has no applicability to a complaint u/s 138 of N.I.Act...........
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..........
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..........
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..........
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...........
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...........
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 statement of complainant and..........
