Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Dropping of - Civil litigation - Proceedings u/s.145 CrPC have been dropped in respect to property concerned on the ground that proceedings were pending before civil court - Court below directed to break open the lock put on property concerned by "any other person" - Held, such direction would be..........
Criminal Procedure Code, 1973, Section 162(1), Information Technology Act, 2000, Section 4, Evidence Act, 1872, Section 145 -- Statement of witness recorded by I.O. by audio video means - May be treated to be a statement which has been reduced into writing, fulfilling the requirement of S.162(2) Proviso Cr.P.C. - Before a witness can be contradicted with reference to his..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Examination-in-chief of complainant - Held, affidavits given by complainant at pre-summoning stage alongwith complaint, at the most, will become previous statement of complainant with which he can be confronted later on filing of fresh..........
Criminal Procedure Code, 1973, Section 145, 146, 107, 116, 482 -- Quashing of proceedings initiated u/s 145 - Dispute over house between parties - Proceedings u/ss 107/116 already in existence - Prior to filing of application u/s 145 CrPC, civil suit was already pending in Civil Court between parties regarding same property and before initiation of proceedings u/s 145..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Private complaint - Order taking cognizance and issuing process in complaint filed u/s.138 of the Act on basis of examination of complainant on affidavit in terms of S.145 (1) of the Act - Legality - Held, no illegality in impugned order taking..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
Criminal Procedure Code, 1973, Section 145 -- There is no order passed on satisfaction by SDM - Held, recording of satisfaction is mandatory u/s 145 Cr.P.C. - Notice issued u/s 145 liable to be set aside - SDM concerned is at liberty to proceed as per law...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant - Complainant has submitted an affidavit in support of his complaint which contains the entire factual position - Held, it is proper compliance of S.200 of the Code, 1973 in light of the provisions of S.145 of the Act of 1881 -..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination on oath of witnesses - Magistrate not duty bound to examine upon oath complainant and his witnesses while issuing process...........
