Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - At the stage of issuance of summons for the purpose of S.202 Cr.P.C r/w S.145 of N.I. Act, MM is only required to examine whether basic ingredients of an offence u/s 138 of the Act have been prima facie made out by complainant and..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - MM has duly conducted necessary inquiry u/s 202 Cr.P.C before issuance of summons to accused - Merely because the summoning order of MM does not make specific reference to S.202 Cr.P.C, it cannot be accepted that an inquiry as..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Proceedings u/s 145 Cr.P.C. cannot be dropped merely on the ground that one party had approached civil Court not with regard to title or right to possession...........
Criminal Procedure Code, 1973, Section 145, 146(1), 397 -- Order passed u/s 146 Cr.P.C. - Not an interlocutory order - Revision against such order is maintainable...........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Cannot proceed and must come to an end once civil Court is seized of matter - Inter se rights of parties regarding title or possession are eventually to be determined by civil Court...........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revision - Revisional Court while dismissing revision was not justified in pronouncing upon merits of case much less making observation that order of attachment is interlocutory order against which revision was not maintainable - Direction issued to trial Court to conclude proceedings u/ss 145, 146 Cr.P.C...........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - If rights of parties have already been adjudicated upon by a particular forum, then entertaining an application u/ss 145, 146 Cr.P.C would not be appropriate - SDM was thus, perfectly justified in discontinuing proceedings u/ss 145, 146 Cr.P.C...........
