Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
Criminal Trial -- Proceedings initiated on police report - No vested right is granted to complainant or informant or aggrieved party to directly conduct prosecution - It is public prosecutor who must at all times remain in control of prosecution and a counsel of a private party can only assist public prosecutor in discharging its responsibility - However, if Magistrate or..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - When summons trial is ordered and adopted it cannot be changed into another way in midst of trial - Half summons trial and half summary trial is not possible in a criminal case - Magistrate has to either follow the procedure in a summons trial or follow the summary trial - If summons trail is..........
Negotiable Instruments Act, 1881, Section 143 - - Words "as far as possible" used in S.143 gives discretion to the Magistrate to follow a summary trial or summons trial...........
Criminal Procedure Code, 1973, Section 164 -- Statement recorded u/s 164 Cr.P.C. - Proof of - Examination of Magistrate who recorded the statement - Held, trial Court should summon the Magistrate who recorded 164 statement only when witness denies or disowns the statement...........
Indian Penal Code, 1860, Section 302, 341, 394, 34 -- Murder & Robbery - Acquittal - PW3 & PW4, eye witnesses did not state in their evidence that they appeared before a magistrate and gave a statements u/s 164 Cr.P.C. - There are contradictions in the statement vis-a-vis their evidence in court, therefore those statements cannot be used as a corroborative piece of..........
Prevention of Food Adulteration Act, 1954, Section 7, 20A -- Adulteration - Sample of Bisleri packed drinking water - Impleadment of manufacturer - Magistrate has power to proceed against manufacturer, distributor or dealer if during course of trial evidence adduced discloses that such manufacturer, distributor or dealer is also concerned with that offence...........
Criminal Procedure Code, 1973, Section 9(6), 11(1) -- Place of sitting of Judicial Magistrate - Held, State Government may after consultation with High Court notify place of sitting of Judicial Magistrates - Sessions Judge cannot shift place of sitting of Judicial Magistrate - Administrative order passed by Sessions Judge shifting place of trial from Civil Court to jail..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summons procedure - Successor Magistrate - De novo trial - Evidence record under summons case procedure - Successor Magistrate has option to act on evidence recorded and if he feels further examination of any witnesses he may re-summon him for further..........
