Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint case - Dismissal - Validity - Court has proceeded on relevant inquiry u/ss 200 and 202 CrPC and on consideration of entire material evidence on record and oral statement has given well reasoned opinion for dismissing complaint - Held, no prima facie offence appears to have been made out - No illegality or..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 200, 202 -- Breach of contract/cheating/criminal breach of trust - There is very thin difference between a case of breach of contract and a case of cheating/criminal breach of trust - A mere breach of contract is not, necessarily cheating - A mere refusal to repay money or carry on the firm..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Held, summoning Court taking into consideration provision of S.202 Cr.P.C. shall hold an enquiry whether accused who reside beyond its territorial jurisdiction is to be summoned or not within 15 days considering summoning evidence already..........
Criminal Procedure Code, 1973, Section 202, 203, 204, 482 -- Protest petition pending against final report - Power to quash proceedings u/s 482 Cr.P.C. cannot be exercised...........
Criminal Procedure Code, 1973, Section 202 -- Cr.P.C. - Plea of non compliance of provision of ,S. 202 - Summoning order shows that complainant himself was examined and three other witnesses also examined - Held, trial Court has complied with provision of S.202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 200,202,203,204,482 -- Inquiry at the stage of summoning - Prima facie case has to be looked into and nothing more - Magistrate is not required to conduct a roving enquiry into various facets - Only statements of complainant and witnesses u/s 200 and 202 of the code and result of an investigation directed u/s 202 only can be..........
Criminal Procedure Code, 1973, Section 173, 190, 202, 203 -- Closure report - Procedure to be followed by Magistrate - Held, Magistrate may not agree with police report and direct an enquiry u/s 202 and after such enquiry take action u/s 203 - He is also entitled to take cognizance u/s 190 Cr.P.C. at once if he disagrees with adverse police report but even in this..........
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..........
Criminal Procedure Code, 1973, Section 202 -- Scope - Amendment of the provision shows the intention of legislature to stop the proceedings where the accused is sought to be summoned from far off places and inquiry be made by Magistrate if he chooses not to order investigation...........
Criminal Procedure Code, 1973, Section 202 -- Inquiry - Has to be a meaningful inquiry and not just an eye wash - Ordeal of facing criminal trial by an accused from far off places tantamounts punishment as such, a greater duty is cast upon the Court before issuing process...........
