Criminal Procedure Code, 1973, Section 133, 138, 482 -- Removal of nuisance - Quashing of proceedings - District Magistrate gave certain guidelines to prevent causation of pollution from industrial units and abate nuisance to general public - Said order not satisfying essential requirements of final order u/s.138 Cr.P.C. - Held, District Magistrate is thus bound to proceed..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Complainant company supplied copper rods to accused company for processing - Accused failed to return entire quantity of copper rods to complainant - High Court at the threshold should not have quashed the complaint and summons - Impugned order set aside...........
Criminal Procedure Code, 1973, Section 251 -- Framing of notice u/s 251 Cr.P.C. - Discharge of accused - Summons case instituted upon complaint - Magistrate is not expected to mechanically frame notice u/s 251 Cr.P.C. and has to apply its mind to find out whether prima facie case is made out or not - However, if no case is made out against accused, Magistrate would be well..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173 - - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence -..........
Criminal Procedure Code, 1973, Section 91, 243 -- Summons to produce documents from Bank - Defence evidence - Documents in question has come in deposition of PWs - Original documents were not produced by PWs and rather photo copies were produced - Petitioner was not demanding any new document and even if petition was filed after two months of recording the statement u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summons procedure - Successor Magistrate - De novo trial - Evidence record under summons case procedure - Successor Magistrate has option to act on evidence recorded and if he feels further examination of any witnesses he may re-summon him for further..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of summons - Plea that cheques were given as security and not in discharge of any legal liability - Held, since defence of petitioners was not before Court at the time of issuing of summons as such Court had no occasion to look into same..........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Conversion of summary proceedings to summons proceedings - Cannot be made passively in silence - There must be a specific order indicating the switching over of summary trial to summons trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 263, 264 -- Dishonour of cheque - Summary or summons trial - Magistrate has to take a decision either at commencement or in course of trial...........
