Showing : 71-80 of 206 Results

BOMBAY HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 263, 264-- Dishonour of cheque - Summary or summons trial - Magistrate has to take a decision either at commencement or in course of trial...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 204-- Complaint case - Securing attendance of accused - Procedure to be adopted - Court in all circumstances at first instance should first prefer issuing summons or bailable warrant failing which a no, bailable warrant should be issued to have desired result...........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance of offence - Application of judicious mind - Held, Magistrates while taking cognizance and ordering issue of summons to accused even on a police report is required to apply his judicious mind to contents of charge sheet and form an opinion whether, it prima facie makes out a case for..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 209, 193-- Cognizance of offence - Held, cognizance of offence can only be taken once - In event, a Magistrate takes cognizance of offence and then commits case to Court of Session, question of taking fresh cognizance of offence and, thereafter, proceed to issue summons, is not in accordance with law - If..........
KERALA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 223, 477-- Criminal Rules of practice in Kerala, R.16 - - Application for splitting of case - Rejection of - Validity - Passage of four years since filing of charge-sheet - Charge could not be framed - Summons could not be served on accused who was in foreign country - Process of his extradition was lengthy..........
KARNATAKA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143(1), Criminal Procedure Code, 1973, Section 326, 260(2)- - Dishonour of cheque - Trial - Held, when trial not likely to be concluded within six months, Magistrate should record his opinion that trial of case by summary procedure is not desirable and that case to be tried as summons case, in which event legal hurdle u/s.326 Cr.P.C. can be overcome -..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary trial - Magistrate is required to normally try the offence u/s 138 of the Act summarily but there is no bar to try such matter as summons case...........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 25-- Quashing of FIR - FIR lodged on basis of statement of co-accused to police that accused was involved in offences u/ss.307, 120B of IPC and 25(1) of Arms Act during investigation of other offence - FIR sought to be quashed on the ground that such statement of co-accused is inadmissible in evidence..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Acting on the substance recorded by predecessor - Not permissible - But only when case was tried as a summary trial and not when procedure followed was of a summons case...........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202-- Dishonour of cheque - Complaint - Enquiry - Not only has complainant led evidence but Magistrate prior to issuance of summons has perused all documents and heard arguments - Held, Magistrate has conducted an enquiry prior to issuance of summons as envisaged by S.202 Cr.P.C...........

Showing : 71-80 of 206 Results