Showing : 111-120 of 213 Results

KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)-- Dishonour of cheque - Court can acquit an accused u/s 256(1) Cr.P.C. only on either of the two days viz. (i) the day appointed for appearance of the accused if summons has been issued and (ii) any day subsequent thereto, to which the hearing may be adjourned...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1), 256(1)-- Dishonour of cheque - Plea of not guilty when recorded in a summons case, Court shall without fail post the case for hearing and shall not, instead, straight away post the case for evidence...........
KERALA HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1)-- Dishonour of cheque - Purpose of hearing prosecution at an early stage in a summons case - Analysed...........
DELHI HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 63, 64, 65-- Dishonour of cheque - Service of summons - Can be effected through registered post/speed post or by courier - Court can declare served in case there is refusal to receive summons - Court can take coercive measures for entering appearance of accused - Service by affixation is a valid mode of..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 262, 263, 264, 326(3), 482, Negotiable Instruments Act, 1881, Section 143-- Offence of dishonour of cheque - Magistrate recorded evidence and transferred matter to another Magistrate - Complainant contended that case is summary criminal case and as such it was not open for transferee Magistrate to consider evidence recorded by earlier Magistrate - Trial not conducted as..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 71, 72, 73, 87, 89-- Non bailable warrants - Power to issue the same - Held - (a) Issuance of non bailable warrants involves interference with personal liberty, hence to be issued sparingly; (b) Non bailable warrants to be issued to secure the presence of a person only when summons or bailable warrants unlikely to..........
PATNA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 256-- Death of complainant - Complaint filed u/ss 354, 323, 511 of IPC - Complainant died after issuance of summons - Husband of complainant sought substitution - Neither substitution petition was pressed nor Court granted permission to contest by disposing said application - Continuation of proceedings..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 200, 204-- Private complaint - In addition to summons already issued, Magistrate issuing non bailable warrants and also advancing date for appearance - No reasons assigned - Issuance of non bailable warrants without valid reasons set aside...........
KARNATAKA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 65-- Summons - Service through paper publication - Service of summons has to be effected as per Ss.62, 63 & 64 - Service if cannot be effected as such then it can be by affixing summons to some conspicuous part of the house where the person summoned ordinarily resides or by paper publication...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 263, 326-- Dishonour of cheque - U/s 143 of the Negotiable Instruments Act the word used `may' leaves option open for Magistrate to chose whether case is to be tried summarily or as a summons case - However, such option is not open for matter under the Indian Penal Code which are tried summarily under..........

Showing : 111-120 of 213 Results