Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Summoning order - Revision against - Revisionist personally did not have legally enforceable debt or liability towards complainant/opposite party No.2 - Facts of complaint do not disclose ingredients of offence u/s.138 of N.I. Act against revisionist -..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against order taking cognizance - Revision must, at first instance, be filed before Court of Session, except in rare and special circumstances - By doing this, party seeking order from magistrate will get double remedy, firstly, he may approach Court of Session in revision & then if legally permissible u/s 482..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Interlocutory order - Order issuing standing warrant of arrest - Held, it is an interlocutory order - No revision lies against it...........
Criminal Procedure Code, 1973, Section 319, 397, 399, 401 -- Order passed u/s 319 Cr.P.C. refusing to summon additional accused - Not an interlocutory order - Order can be assailed by way of revision...........
Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Criminal Procedure Code, 1973, Section 319, 397, 401, 482 -- Order passed u/s 319 Cr.P.C. - Challenge thereto by way of revision or by way of a petition u/s 482 Cr.P.C. - Notice and opportunity of hearing - Held, notice and opportunity of hearing to the person in whose favour some right accrued by virtue or order passed by trial court has to be given...........
Criminal Procedure Code, 1973, Section 482, 397 -- Charge - Not an interlocutory order - Revision not maintainable - Petition u/s 482 Cr.P.C. is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(1) -- Dishonour of cheque - Appeal against conviction dismissed - Revision petition still pending and is likely to take time - Petitioner seeking suspension of sentence during revision - Maintainability - Petition allowed - Sentence suspended subject to payment of cheque amount...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Offence u/s 366-A IPC - Dismissal of application filed by appellant for discharge - Appellant filed revision before High Court - Counsel for appellant withdraw the said revision - Counsel who had withdrawn revision before High Court was not authorised by appellant to withdraw the same - Judgment and order passed by..........
Criminal Procedure Code, 1973, Section 311, 397, 401 -- Rejection of application u/s.311 CrPC - Revision against - Not maintainable...........
