Showing : 91-100 of 244 Results

GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Trial - Summary trial - Successor Magistrate decided case on basis of substance of evidence recorded by his predecessor - Legality - Held, he was not in a position to appreciate evidence properly and decide case effectively - S.326(3) CrPC does not permit Magistrate to act..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Acquittal - Validity - Successor Magistrate decided the case in summary trial on the basis of part of the substance of evidence recorded by his predecessor - Held, he was not in a position to appreciate the evidence properly and decide the case effectively - This caused..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256-- Dishonour of cheque - Complaint - Dismissal in default - Validity - Examination-in-chief of DW1 was yet to be completed - Case was not fixed for cross-examination of DW1 - Held, Magistrate could easily record examination-in-chief for which presence of complainant was not necessary - Impugned order..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 169, 319-- Additional accused - Summoning of - Application was filed u/s 319 Cr.P.C mentioning therein that Five persons named in First Information Report, but even then police had not filed challan against them - No objection or application was raised before Magistrate concerned at the time of filing of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 200-- Summoning order - Issuance of - Exercise of power by Magistrate - Held, at the stage of summoning, all that Magistrate has to see is whether or not there is "sufficient ground for proceeding" against accused - Magistrate is not to weigh evidence so meticulously as he is required to do during..........
GAUHATI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494-- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police treated..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143-- Dishonour of cheque - Summary trial - Accused cannot be convicted on the basis of evidence recorded by predecessor Magistrate - In a summary trial only substance of evidence has to be recorded - Therefore, the Magistrate who has recorded such substance of evidence is in a position to appreciate..........
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 - Procedure to be followed - Held, when a case is tried as summary case, Magistrate who succeeds Magistrate who had recorded part or whole of evidence cannot act on such evidence recorded by his predecessor - In present case, it is not in dispute that..........
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..........

Showing : 91-100 of 244 Results