Showing : 81-90 of 206 Results

KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 265-- Dishonour of cheque - Complaint - Not mandatory to be tried summarily - Magistrate is vested with discretion either to follow summary trial or summons trial...........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 326-- Dishonour of cheque - Summary/summon trial - Held, unless and until after hearing the parties to complaint a specific order is passed by Magistrate not to proceed further with trial as summary trial, all trials for offences u/Chapter XVII of N.I. Act shall be and to be tried as summary trial only..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1)- - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could not have been..........
KERALA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 133, 136, 138-- Public nuisance - Removal of - Held, if a person enters appearance pursuant to receipt of preliminary order u/s.133 and shows cause against order, it is mandatory for Magistrate to take evidence in manner as in a summons case - Final order u/s.136 Cr.P.C. without having recourse to procedures..........
UTTARAKHAND HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2)-- Dishonour of cheque - Issuance of summoning order - Validity - Plea that Magistrate did not comply with provision of S.204(2) of Cr.P.C. before issuing summoning order - Held, said provision does not create a bar while passing order for summoning accused - It creates a bar only when summons or..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 62, 71, Indian Penal Code, 1860, Section 406, 34-- Criminal Breach of trust - Conviction - Legality of - Offence purely of technical nature - Amount involved also not very huge and later on paid within very short time - Petitioners or other accused not in any manner contributed for delay - Magistrate passed orders without application of mind and..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary procedure not adopted - Instead, Magistrate adopted procedure applicable to summons cases - Bar of S.326 CrPC not applicable...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 437A-- Bail - Convict seeking direction that all convicted persons be released on bail on executing bail bonds whose trials are likely to be concluded within six months prior to disposal of trial or appeal in order to facilitate pairvi by prisoners - Held, S.437-A CrPC was not introduced to allow accused..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Apex Court directed lower Court to consider and decide matter expeditiously - Matter seized with lower Court since 01.12.2007 whereby summons were issued to applicants to appear in the case - Said order was modified by same Court by an order..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 3, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 114, Prevention of Corruption Act, 1988, Section 12, Prevention of Corruption Act, 1988, Section 12, Criminal Procedure Code, 1973, Section 340-- Summons for production of documents - SP Vigilance conducting investigation - Summons for production of documents issued by ASI - It is SP Vigilance who is competent to issue summons for production of documents - If he had authorized ASI complainant to issue summons on his behalf, then he could..........

Showing : 81-90 of 206 Results