Criminal Procedure Code, 1973, Section 256, 203 -- Complaint - Dismissal due to non appearance of complainant on the date fixed and also due to the fact that complainant had led no evidence at the pre-charge stage in support of his complaint - Held, that complaint was dismissed u/s 203 as well as S.256 of the Code i.e. for non appearance of complainant and also on merits -..........
Criminal Procedure Code, 1973, Section 203 -- Marshelling of evidence and critical appreciation thereof is not required at the stage of S.203 Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A - All petitioners females and residing at different places - Personal appearance exempted...........
Criminal Procedure Code, 1973, Section 203, 204, 154 -- Complaint dismissed u/s 203 Cr.P.C. after enquiry - FIR lodged thereafter on same facts with same allegations - Amounts to abuse of process of Court - FIR and proceedings quashed...........
Indian Penal Code, 1860, Section 406, 419, 420, 120B, Criminal Procedure Code, 1973, Section 202, 203, 204, 482 -- Oral agreement to sell - Taking place in 2002 but payments made in 2000 - Self contradictory - No offence made out even if allegations made in complaint are accepted to be true and correct - Complaint and order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 203, 200, 202 -- Complaint - Cognizance when taken without any material against accused - Remedy lies not u/s 203 Cr.P.C. but under S.482 of the Code...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 203, 482 -- Cognizance of offence taken and summons issued - Magistrate thereafter has no power to recall the summons and drop the proceedings - Remedy is to invoke S.482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 203 -- Second complaint on same set of facts - Not barred in exceptional circumstances when matter is not decided on merit - Special circumstances are (1) Manifest error; (ii) Manifest miscarriage of justice and (iii) New facts, of which complainant had knowledge, but could not be brought on record by complainant in the previous..........
Criminal Procedure Code, 1973, Section 202, 203, 256 -- Complaint in summons case - Complaint can be dismissed - (i) On receipt of a complaint for an offence, without recording the statement of the complainant or his witnesses, if the Judicial Magistrate comes to the conclusion that the contents of the complaint itself do not disclose any offence or provide a sufficient..........
Criminal Procedure Code, 1973, Section 203 -- Process - Recall - Magistrate cannot review its own order and cannot recall the process exercising power u/s 203 Cr.P.C...........
