Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Summoning order passed either after acquittal or conviction is not sustainable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque in question was neither issued nor signed by applicant - Said cheque does not belong to account of applicant - Summoning order qua applicant quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 384, 389, 406, 120B, 34 -- Quashing of FIR - Cheating - Aspect about complicity of a person who was involved in the forgery is a disputed question of fact and the same will have to be addressed after a proper appreciation of evidence which can be done only during trial and not at such a..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witness - Non appearance - Where a witness fails to comply with summons of Court and evidence of said witness is material, then in such a situation, Court is required to take coercive steps including issuance of warrants, moreso when party leading its evidence has done all that is in their hand for summoning them through the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Summoning order must reflect application of mind and reasoning before a Court decides to issue summons to a person - Mere rote recitation in the summoning order that there is sufficient material before Court to proceed against accused, does not in the least reflect application of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - It is necessary to lay down certain pre-requisites that a Magistrate must address and that must be reflected in summoning orders in cases u/s 138 of the Act, so as to ensure that summoning orders are not issued mechanically and that they contain at least a brief discussion on the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm was arrayed as an accused but summons was issued to its partner personally - It is not a proper service for firm because partner was not impleaded as accused in the complaint - Summoning order and non-bailable warrant issued against partner quashed...........
Criminal Procedure Code, 1973, Section 319, Prevention of Corruption Act, 1988, Section 7, 11, 13, 15, 19 -- Summoning of additional accused - Offence committed by public servant u/ss 7, 11, 13 & 15 of P.C. Act - Courts cannot take cognizance against any pubic servant for offences committed u/ss 7, 11, 13 & 15 of Prevention of Corruption Act, even on an application u/s 319..........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witness - When accused submits a list of witnesses, it is not open for Court to pick and choose witnesses for issuing summons - Though Court is certainly bestowed with power to refuse to summon a witness, such refusal can only be for reasons to be recorded in writing, which have to relate to delaying..........
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...........
