Showing : 51-60 of 206 Results

ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190, 204-- Cognizance of offence - Summoning of accused - Powers of Magistrate - Magistrate can issue summons to persons who deliberately and erroneously omitted from being arraigned as accused, on the basis of material available in case diary/police report and by that date case has not been committed to..........
JHARKHAND HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 498A-- Exemption from personal appearance - Offence u/s 498-A - Summons issued - Petitioner, a tour guide requires extensive travelling around different places - Petitioner stated in his application that whenever his personal appearance is required he will appear in person and only in routine matters,..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311, 91-- Additional witness - Summons to produce documents - Additional witness can be summoned even though he/she was not earlier summoned as witness, if his/her evidence is essential for just decision of case - There is no distinction in the provision with respect to documents which are a part of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Complaint u/s 138 of Act - Dismissed in default - No serious effort made to effect service upon accused - Dasti summons were not taken by complainant - However, notice were issued through registered post - Once summons have been issued, it is duty of Court to procure service of accused and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190-- Summoning order - High Court set aside summoning order and directed appellant to adduce further evidence, if any, to support allegation in the complaint - Held, High Court fell into error of evaluating merits of defence case and other submissions advanced on behalf of accused, which were not..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 233-- Defence evidence - Opportunity to produce defence closed by Court - Quashing of order - Once it is held by Court that production of two witnesses was necessary, which were summoned and for whom process is already issued, then compliance of same is legal requirement of Court - Unwillingness of..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262-- Dishonour of cheque - Trial - As per S.143 of the Act, Magistrate has power to try cases summarily - However, Magistrate has discretion to try cases u/s 138 of the Act as regular summons case and not in summary manner but for that Magistrate has to pass an order...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262-- Dishonour of cheque - Trial - In the instant case, evidence recorded by predecessor Magistrate as in regular summons case and not for purpose of summary trial - Absence of specific order by Magistrate to try case as a regular summons case cannot vitiate the trial...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200-- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney holder's sworn..........
KERALA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Cases under which the procedure of summons trial is adopted, there is no question of getting the benefit of exception of S.326(3) Cr.P.C...........

Showing : 51-60 of 206 Results