Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Can only be on the basis of evidence adduced and not on the basis of materials available in the charge-sheet or the case diary, because such materials contained in the charge-sheet or the case diary do not constitute evidence...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, 501, 502, 34, 5, 7 - - Defamation - Quashing of complaint - Prosecution of Chairperson and Managing Director of publication company - No specific averments in complaint against them - Allegations made by complainant are prima facie vague and based on presumptions - Held, in absence of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Summoning order - Quashing of - Petitioners are married sisters of husband of deceased - They were married even before marriage of their brother and living separately - No specific allegations against petitioners - Held, summoning order liable to be quashed - Petition..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Summoning of director - Legality - In title of petition, as also in affidavit supporting it, petitioner has stated himself to be director of company - If petitioner had resigned from directorship of company way back on 27.07.2010, then it was not understandable as to how he..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Applicability of S.138 of NI Act - Petitioner is not the drawer of cheque which is said to be dishonoured - Held, provision of S.138 of NI Act would be applicable to person who issues cheque for payment of money to another person and cheque is returned by..........
Criminal Procedure Code, 1973, Section 204,397 -- Complaint - Summoning order - Revision against - Held, maintainable...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420,406,161 -- Public servant - Sanction for prosecution - Accused summoned u/ss 420, 406 & 161 IPC - Held, sanction for prosecution for these offence not required - Trial to proceed as per the summoning order...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation of false averments in written statement - Complaint - Quashing of - Whether averments contained in the written statement would constitute an offence of defamation or not? - Held, this question is no more res integra - The civil suit in question has already been..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
Criminal Procedure Code, 1973, Section 204, Criminal Procedure Code, Section 204, Copyright Act, 1957, Section 63 -- Copyright - Infringement of - Summoning order - Validity of - Magistrate summoned accused by passing order which stated that there was sufficient evidence to proceed against accused for offence u/s 63 of Copyright Act and S.420 IPC - Challenge thereto -..........
