Negotiable Instruments Act, 1881, Section 138, 141, 142, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination on oath of witnesses - Magistrate not duty bound to examine upon oath complainant and his witnesses while issuing process...........
Negotiable Instruments Act, 1881, Section 138,142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant on oath, in an offence u/s 138 of the Act, is mandatory - Held, order taking cognizance without examination of complainant on oath is illegal - Set aside...........
Criminal Procedure Code, 1973, Section 173(2), (8), 200, 202, 210, 465(2) -- Stay of criminal proceedings - When the matter was pending under enquiry before Magistrate, investigating officer has submitted application and Magistrate has stayed the enquiry and waited for investigating officer to file report and when after investigation, a charge-sheet has been filed by..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Duty of Magistrate - Held, it is mandatory duty of Magistrate to examine complainant on oath and his witnesses, if any present, at the time of taking cognizance and issuing process to accused, even in cases relating to commission of offence u/s 138..........
Criminal Procedure Code, 1973, Section 200, 399, 401(2), Indian Penal Code, 1860, Section 323, 506 -- Complaint u/ss 323, 506 - Dismissed by trial Court - Summoning order passed by Sessions Judge in revision without affording an opportunity of hearing to accused - An order prejudicial to the interest of accused, without giving an opportunity of hearing, cannot be passed in..........
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202, Indian Penal Code, 1860, Section 376, 506 -- Police filed final report - Protest petition also filed - Magistrate has four options : (1) He may agreeing with the conclusions arrived at by the police, accept the report and drop the proceedings - But before so doing, he shall give an opportunity of..........
Criminal Procedure Code, 1973, Section 190(1)(a), 190(1)(b), 200, 202 -- Police filed final report - Protest petition also filed - Magistrate took cognizance neither on the basis of material available in the case diary nor protest petition treated as complaint - Cognizance taken on the basis of affidavits of complainant or the witnesses - Order cannot be sustained - Matter..........
Negotiable Instruments Act, 1881, Section 145, Criminal Procedure Code, 1973, Section 200 -..........
Criminal Procedure Code, 1973, Section 200, 202, 397 -- Summoning order - Revision against - Summoning order is not an interlocutory order - Revision against summoning order is maintainable...........
Criminal Procedure Code, 1973, Section 203, 200, 156(3) -- Application u/s 156(3) treated as complaint - Dismissal of complaint by holding that no offence is made out - Even if the civil suit are pending between the parties, if any offence has been committed then it is the duty of the Court to take cognizance of the offence - Complaint can be dismissed only when there is..........
