Showing : 81-90 of 218 Results

MADRAS HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint - Non bailable warrant pending against accused - Dismissal of complaint u/s.256 Cr.P.C. - Validity - Held, where complainant is represented by a pleader or by officer conducting prosecution or where Magistrate is of opinion that personal attendance of complainant is..........
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..........
DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(5)-- Appeal against conviction - Suspension of sentence - Power of Court - Held, appellate Court may impose conditions while suspending sentence - Such power of imposing conditions is discretionary - There is no impediment to put applicant on terms, while suspending substantive sentence, like..........
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..........
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..........

Showing : 81-90 of 218 Results