Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Accused seeking exemption from personal appearance - Rejection of application on the ground that accused has to undergo examination u/s 251 Cr.P.C. - The object of S.251 Cr.P.C. is only to the extent of apprising accused of particulars of offence and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, 263(g) -- Dishonour of cheque - Plea of accused that he should not be tried u/s 138 of N.I. Act can only be raised before Court of Magistrate u/s 251 Cr.P.C. and 236(g) of Cr.P.C. - Along with this plea, he can file necessary documents and also make an application...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Non framing of formal notice u/s 251 Cr.P.C. - No formal notice is required to be framed so long as substance of accusation is stated and accused is asked whether he pleads guilty or intend to lead any defence evidence and more so when accused fails to point..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251, 482 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C already framed against accused and she pleaded not guilty and claimed trial - Application filed by accused u/s 145(2) of N.I Act allowed - Authorized representative of complainant already..........
Criminal Procedure Code, 1973, Section 251, Indian Penal Code, 1860, Section 279, 304A -- Framing of notice u/s 251 Cr.P.C - Fatal accident - Rash and negligent driving - Prima facie there is evidence on record from the report of FSL on mechanical inspection and crime scene report that car of accused overtook motorcycle of deceased on a high velocity thereby causing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 251 -- Dishonour of cheques - Three cases - Same parties - Clubbing of cases - S.219 Cr.P.C. applies only to warrant cases and not to summons cases where no charges are framed - In case no charges are framed then there is no requirement for clubbing of the cases - Dismissal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course - Basic ingredients of S.138 of the Act not satisfied - Accused discharged...........
Criminal Procedure Code, 1973, Section 258, 251 -- Discharge - Summons case - If the facts alleged in the final report do not constitute any offence, Magistrate to drop the proceedings and release the accused...........
Criminal Procedure Code, 1973, Section 258, 251 -- Discharge - Summons case - If word `discharge' is used in a summons case, it cannot be said to be illegal - Court may use the word `release' or `discharge' when it finds that the proceedings cannot be continued in a summons case and consequently it drops the proceedings...........
