Criminal Procedure Code, 1973, Section 202 -- Accused residing beyond jurisdiction of Magistrate - Enquiry u/s 202 Cr.P.C. - Law settled in Vijay Dhaunka's case reiterated : In the inquiry envisaged u/s 202 of the Code, the witnesses are examined whereas u/s 200 of the Code, examination of complainant only is necessary with the option of examining the witnesses present, if..........
Criminal Procedure Code, 1973, Section 190, 202, 204 -- Cognizance of offence - Postponement of issuance of process - Non-conduct of inquiry or direction to conduct investigation by Magistrate though accused residing beyond area of his jurisdiction - Order taking cognizance not sustainable...........
Criminal Procedure Code, 1973, Section 202 -- Private complaint - Enquiry u/s 202 Cr.P.C. - Where accused resides beyond the area over which a concerned Magistrate exercises its jurisdiction, enquiry u/s 202 Cr.P.C. would be necessary and significant before issuing process...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. whether attracted even for offence u/s 138 NI Act - Question of law left open...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not mandatory in complaints filed u/s 138 of N.I.Act - Non-compliance of the same thus have no effect upon said complaints...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Scope - Difference between the two provisions of Ss.202, 156 Cr.P.C. - Powers u/s 156(3) Cr.P.C. can be invoked by Magistrate at a pre-cognizance stage - Whereas, powers u/s 202 Cr.P.C are to be invoked if cognizance is taken before a complaint but before issuance of process...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not applicable to complaint filed u/s 138 of Act...........
Criminal Procedure Code, 1973, Section 202 -- Scope of inquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. is limited only to ascertain truth or falsehood of allegations made in complaint and whether on material placed by complainant a prima facie case is made out for summoning the accused or not...........
Criminal Procedure Code, 1973, Section 202 -- Summoning of accused - While summoning accused Court has to see prima facie evidence - Prima facie evidence means evidence sufficient for summoning accused and not evidence sufficient to warrant conviction...........
