Showing : 91-100 of 218 Results

GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Summary trial - When a case is tried as summary case a Magistrate who succeeds who had recorded part or whole of the evidence cannot act on the evidence so recorded by his predecessor - In summary proceedings the successor Judge or Magistrate has no authority to proceed with..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Summary trial - Evidence recorded by two Magistrates - Acquittal - When a case is tried as a summary case a Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence, cannot act on the evidence so recorded by his predecessor - In summary..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Summary trial - Delivering of judgment - Judgment was not delivered by Magistrate who recorded evidence - Judgment was delivered by his successor relying upon evidence adduced by his predecessor - Held, impugned judgment liable to be set aside - Case remanded to trial Court..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 1973, 326-- Dishonour of cheque - Summary trial - Procedure to be followed - Magistrate who delivered judgment did not record entire evidence in the case but relied on evidence recorded by his predecessor and delivered judgment acquitting accused - Validity - Held, in summary proceedings successor Judge or..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326-- Dishonour of cheque - Trial - Held, there is nothing on record to show that Court after hearing parties recorded an order to the effect that it was not desirable to try case summarily and tried case in manner provided in Cr.P.C. - Successor Magistrate decided case on the basis of evidence recorded..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 204, Criminal Procedure Code, Section 204, Copyright Act, 1957, Section 63-- Copyright - Infringement of - Summoning order - Validity of - Magistrate summoned accused by passing order which stated that there was sufficient evidence to proceed against accused for offence u/s 63 of Copyright Act and S.420 IPC - Challenge thereto - Held, it was non-speaking order passed..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Magistrate who recorded part of evidence transferred - Successor Magistrate cannot act on the evidence so recorded by his predecessor - Judgment of acquittal set aside - Case remanded to trial Court for re-trial in accordance with law...........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45-- Dishonour of cheque - Conviction - Sessions Judge set aside conviction and directed Magistrate to get an expert opinion regarding alleged alteration in cheques - Accused persons had filed petition to send cheques for opinion of handwriting expert which was disallowed by Magistrate - High Court..........
KERALA HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 446-- Dishonour of cheque - Non-appearance of accused - Imposition of penalty - Accused did not surrender before Magistrate to receive verdict of trial Court - Failed to place before Court any material - Sureties did not offer any explanation when notice u/s 446 CrPC was issued - Held, had it been a..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Magistrate not satisfied with the investigation - Ordered further investigation by the same police authorities about whose investigation he was not satisfied - Contention that further investigation should have been handed over to some other investigating agency - Additional..........

Showing : 91-100 of 218 Results