Criminal Procedure Code, 1973, Section 202 -- Summoning of accused without examining all the witnesses - Summoning of accused shall not be bad in the eyes of law if Magistrate proceeds to summon accused without examining all witnesses stated in the witness list - It is very much open for Magistrate to proceed to decide on point of summoning of accused on the basis of..........
Criminal Procedure Code, 1973, Section 311, 202 -- Examination of witnesses - Inherent power of Court vested in it by virtue of S.311 Cr.P.C. shall always have overriding effect and will operate independently unaffected by discretion of complainant or prosecution to produce the witnesses of their choice u/s 202(2) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of Act - Dismissed in default - No serious effort made to effect service upon accused - Dasti summons were not taken by complainant - However, notice were issued through registered post - Once summons have been issued, it is duty of Court to procure service of..........
Indian Penal Code, 1860, Section 420, 465, 177, 181, Criminal Procedure Code, 1973, Section 245 -- Cheating and forgery - Discharge - Nowhere complainant or any of his two witnesses stated that accused knew that information that he was certifying to be correct was false or he had reason to believe that information was false - Some assertion on their part in this regard is..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - At the stage of cognizance and summoning of an accused, Magistrate is required to apply his judicial mind only with a view to take cognizance of offence, or to find out whether prima facie case has been made out for summoning accused persons - Magistrate is not required to consider defence version or..........
Criminal Procedure Code, 1973, Section 244, 247 -- Private complaint - Pre charge evidence - Accused has valuable right to cross examine witness of complainant at the stage of pre charge evidence - Trial Court as well as Sessions Court committed grave error by not permitting accused to produce document on record and not allowing him to ask questions to witness of..........
Criminal Procedure Code, 1973, Section 302, 2(wa) -- Complaint - Death of complainant - Daughter of complainant - Allowed to continue with the case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissed in default - Complainant absent on the date fixed for appearance of accused - U/s 256 Cr.P.C., in case complainant is absent on the date fixed for appearance of accused, Magistrate has power to adjourn the hearing of case to some other..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Creation of fraudulent Will and its registration - Will in question also subject matter of civil suit - Civil suit decreed but appeal thereagainst pending - Civil Court had not framed the issue as to whether will was created fraudulently - Held, there is no bar on simultaneous proceeding in the civil as well as..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compounding of offence - Accused compromised the matter with complainant - Memorandum of compromise filed before High Court, but no relief was granted to accused - As matter has been compromised between parties, order of..........
