Criminal Procedure Code, 1973, Section 173, 200 -- Investigation by police - Report to Magistrate - Cognizance of case - Held, at stage of taking cognizance or refusing to take cognizance, only prima facie case has to be seen by Court - Court will not enter into correctness of allegation levelled in FIR - However a complaint case requires an enquiry by Magistrate u/s 200..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 3, 4 - - Bail - Grant of - Not a case of arranged marriage - Relations between applicant and complainant were not cordial - Story of demand of dowry appears to be a figment of imagination on the part of complainant as applicant had to file writ of habeas corpus to get his wife released from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Cancellation of bail - Murder due to political rivalry - Accused a sitting M.P. - Charge-sheet filed - Accused alleged to be giving threatening calls - Held, if complainant received any fresh threat from accused in such event trial Court is free to take appropriate steps - Merely on basis..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - Quashing of FIR sought on the ground of delay in lodging the same - Prima facie evidence exists for offence u/ss 420, 409, 467, 468, 471 and 120-B of IPC - Held, it is for trial Court to consider whether an explanation has been given by complainant or by other prosecution witnesses for the inordinate delay..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant - Complainant has submitted an affidavit in support of his complaint which contains the entire factual position - Held, it is proper compliance of S.200 of the Code, 1973 in light of the provisions of S.145 of the Act of 1881 -..........
Civil suit and criminal complaint -- Civil suit pending between parties with regard to the same subject matter - Complainant cannot be permitted to reagitate the same very dispute in the garb of criminal prosecution...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Original complainant is not found to be payee and/or holder in due course of cheque which has been dishonoured thus, she has no locus standi to file complaint for offence u/s 138 of the Act - Complaint at instance of respondent no.2..........
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, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Contention on behalf of petitioner/accused that cheque in question was not dishonoured because of insufficiency of funds but for the reason that signatures did not tally with..........
