Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Confirmed by Appellate Court - Revision against - Compromise during pendency of Revision - Accused paid entire amount to complainant as per compromise and there is nothing to recover from accused - Compromise has been filed which is taken on record - Conviction and sentence set aside -..........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Order u/s 156(3) Cr.P.C. directing police to register and investigate a cognizable offence - Not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued - Moreso such an order is an interlocutory order and remedy of revision is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Revision against - High Court in its revisional jurisdiction did not examine the correctness of summoning order rather dismissed revision on basis of subsequent fact - Subsequent proceeding in no manner can be a ground not to consider correctness and validity of summoning order - High Court completely erred..........
Civil Procedure Code, 1908, Section 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order allowing application - It is appeal and not revision which lies thereagainst - However, where application is rejected it is revision which lies against such an order...........
Criminal Procedure Code, 1973, Section 201, 401 -- Complaint - Returned for presentation to proper Court - In a revision filed against such order there is no necessity to give proposed accused person any opportunity of hearing, as this situation is not covered u/s 401(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 378(4), 401 -- Dismissal of complaint u/s 203 Cr.P.C - Not an acquittal as per explanation provided u/s 300 Cr.P.C - Appeal is not maintainable against such order - It is Revision which is maintainable against an order dismissing complaint u/s 203 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay of 1319 days in filing revision petition - Condonation of delay - There is hardly any convincing reason or any reason for that matter cited in seeking condonation of inordinate delay of 1319 days except for a bald averment that petitioner tried to arrange for money..........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Rejection of an application u/s 311 Cr.P.C is an interlocutory order, against which revision is not maintainable as per S.397(2) Cr.P.C...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Temporary injunction - Order declining temporary injunction - Appeal and not revision which is maintainable thereagainst...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defendant denied lessor-lessee relationship between parties and pleaded that he was licensee of opposite party - However, no plea of licence is raised by defendant either in written statement or in objection file U.O.15.R.5 CPC - In absence of plea of licence, submission being advanced by defendant,..........
