Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. rejected by Magistrate - Sessions Judge in revision allowed the application and directed SHO to register FIR on the basis of application u/s 156(3) Cr.P.c. - Held, power u/s 156(3) Cr.P.C. can only be exercised by Magistrate and not by Sessions Judge - If Sessions Judge was not satisfied with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Accused convicted - Complainant filed revision petition in High Court seeking enhancement of sentence - Accused also filed appeal against conviction and sentence which is pending before Sessions Judges - Held, u/s 397 of Criminal Procedure Code, question of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........
Criminal Procedure Code, 1973, Section 204, 397, 482 -- Order summoning accused - No revision maintainable against said order - Proper remedy is to file petition u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 362 -- Revision - Finally disposed on merits by High Court - Court cannot review such order by invoking its inherent powers - Court can review its own final order only for the limited purpose stated in S.362 of the Code or when the judgment is obtained by fraud...........
Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 362, 482 -- Revision - Final order passed directing accused to deposit the amount of fine before Court below and if fine realised the same was payable to complainant - Amount of fine paid to complainant instead of depositing in Court - High Court directed the complainant to file an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Fine of Rs.1., 50, 000/- imposed - Conviction confirmed - However, sentence of fine reduced from Rs.1.50 lacs to Rs.1.10 lacs payable to complainant as compensation, within three months...........
Family Courts Act, 1984, Section 19(4), Criminal Procedure Code, 1973, Section 125 -- Maintenance petition u/s 125 Cr.P.C. - Refusal to grant interim maintenance - Writ petition thereagainst - Order refusing to grant interim maintenance cannot be treated as interlocutory order - Criminal revision can be preferred thereagainst - Liberty granted to convert writ petition into..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Maintainability - Appeal filed against order of conviction rendered by Sessions Judge in exercise of its appellate powers - Held, appeal not maintainable - Only revision lies against order of conviction passed by Sessions Judge in appeal...........
Criminal Procedure Code, 1973, Section 397, 401 -- Order of acquittal - Revision - Held, High Court or the Sessions Court in revisional jurisdiction will not have a right to convert an order of acquittal into a conviction...........
