Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Criminal Procedure Code, 1973, Section 202 -- Investigation u/s 202 Cr.P.C - Where Magistrate is unable to decide whether or not there is sufficient ground for proceeding, he is required to direct investigation of a case in terms of S.202 Cr.P.C and postpone the issue of process against accused...........
Criminal Procedure Code, 1973, Section 200, 202 -- Private complaint - Accused not summoned as additional accused - Attempt to summon those accused in a private complaint - Amounts to abuse of process of law - It amounts to an attempt to reagitate the same grievance which had already been decided in proceedings u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 202, 203 -- Application u/s 156(3) Cr.P.C - First stage at which cognizance of offence alleged in the application u/s 156(3) Cr.P.C is taken is after inquiry conducted u/s 202 Cr.P.C which reveals sufficient ground for proceeding and application u/s 156(3) Cr.P.C is not dismissed u/s 203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - Process issued without assigning any reasons - Summoning order is totally a non-speaking one - Summoning order quashed...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - For compelling accused to face trial certainly infringes fundamental right of an accused if order of process is not in consonance with spirit of law and justice...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - Magistrate without recording any prima facie satisfaction regarding truthness of incident has summoned petitioners - No evidence of complainant and his witnesses were discussed in the impugned order of summoning - Even no reason has been assigned - Impugned order of summoning passed..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Drill of S.202 Cr.P.C is mandatory in nature - Summoning order passed without following drill of S.202 Cr.P.C. set aside - Matter remanded...........
Prevention of Money Laundering Act, 2002, Section 3, Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Offence u/s 3 of PMLA - If Special Court is of the view that no prima facie case of an offence u/s 3 of PMLA is made out, it must exercise the power u/s 203 Cr.P.C to dismiss the complaint - If a prima facie case is made out, special Court can take..........
