Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Delay in lodging complaint and registration of FIR satisfactorily explained - Delay by itself no ground for disbelieving the prosecution evidence particularly when it had been accepted both by Sessions Court and High Court...........
Criminal Procedure Code, 1973, Section 204 -- Summoning of accused - Magistrate has no power to summon accused merely because complaint against him is filed as there should be sufficient ground for proceeding in case of complaint after examination of complainant - Summoning of accused by Magistrate without examining contents of complaint amounts to no, application of his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of Cheque - Joint trial - A single complaint can be filed in respect of dishonor of multiple cheques issued by accused in favour of complainant in respect of same transaction - Trial Court therefore committed no illegality in proceeding to conduct a common trial in..........
Criminal Procedure Code, 1973, Section 210 -- FIR and private complaint in same offence - Once investigation is complete and cancellation report is filed then Magistrate cannot call for a report from police when police had already closed the chapter...........
Criminal Procedure Code, 1973, Section 190(1)(c), 210 -- FIR and private complaint in same offence - Cancellation report submitted by police after investigation - There is no obligation on Magistrate to accept the cancellation report if he does not agree with the opinion formed by police and still he has jurisdiction to take cognizance u/s 190(1)(c) Cr.P.C - In case..........
Criminal Procedure Code, 1973, Section 156(3), 202(1) -- Private complaint - Accused residing beyond territorial jurisdiction - Magistrate is not bound to conduct an inquiry in terms of S.202 Cr.P.C. in case he is opting to send the complaint for investigation u/s 156(3) Cr.P.C. to the concerned Police Station...........
Indian Penal Code, 1860, Section 180, Criminal Procedure Code, 1973, Section 345, 346 -- Refusing to sign statement - When a witness refused to sign deposition recorded by Court then Court has two options either to proceed u/s 345 Cr.P.C. and punish the accused u/s 180 IPC or to adopt the procedure u/s 346 Cr.P.C. and make complaint to Magistrate and then offence has to be..........
Criminal Procedure Code, 1973, Section 482, 173, 228 -- Quashing of proceedings - Charge sheet filed u/ss 406 & 420 IPC - Appellant lost his money which was kept in the car of first respondent - No offence u/ss 406 & 420 IPC is made out as no inducement was made by respondents to deliver the property and there was no entrustment of money - Case would fall u/s 379 IPC -..........
Negotiable Instruments Act, 1881, Section 138 --- Dishonour of cheque - Jurisdiction - Cheque payable at par - Court at place where cheque is presented and dishonoured has jurisdiction - In the instant case, cheque payable at par, issued of a bank branch at place `A' - Cheque presented and dishonoured at place `K' - Held, Court at place `K' has jurisdiction to entertain..........
