Criminal Procedure Code, 1973, Section 156(3), 200 -- Complaint u/s 200 or petition u/s 156(3) Cr.P.C. - Option is there to invoke either - Seeking directions from Magistrate u/s 156(3) Cr.P.C. should take place as a last measure...........
Criminal Procedure Code, 1973, Section 156(3), 200 -- Distinction between provision of S.156(3) and S.200 Cr.P.C. - U/s 200 Cr.P.C. complainant is expected to state the facts giving details and correct version which amounts to committing an offence alleged whereas u/s 156(3) Cr.P.C. strict rule of pleadings is not applicable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 202, 200 -- Dishonour of cheque - Complaint - Summoning order - Recall - Magistrate has no jurisdiction to recall its own summoning order...........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Second complaint - On same cause of action and between the same parties - Earlier complaint dismissed for failure to put in process fee for effecting service - Held, second complaint is maintainable...........
Criminal Procedure Code, 1973, Section 200, 204, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Issue of process - Complaint for offence u/ss 138 & 141 mentioning necessary averments - However, no, mentioning of necessary ingredients in pre-summoning statement u/s 200 Cr.P.C. - Effect thereof - Held, accused could not be discharged...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Complaint - Recording of sworn statement - Meaning thereof - Held, recording of sworn statement means, the statement of complainant to be recorded by Magistrate not by way of an affidavit - Affidavit does not partake character of sworn statement - Object..........
Criminal Procedure Code, 1973, Section 200, 204 -- Complaint against Branch Manager of Bank who is alleged to be responsible for the commission of the offence by tearing the portion of cheque bearing drawer's signature - Name of branch manager not given who is responsible for the commission of the offence - In absence of name, Branch Manager cannot be an accused...........
Criminal Procedure Code, 1973, Section 199, 200 -- Second complaint during pendency of first complaint - Offence of forgery came to knowledge of complainant after filing of the first complaint - Second complaint to be restricted only to that extent - Complainant directed to file an amended complaint...........
Criminal Procedure Code, 1973, Section 200, 482, Indian Penal Code, 1860, Section 420, 34 -- Complaint - Conspiracy to put society and its members to a great loss - Allotment of plot to a person not entitled thereto - Report of Joint Registrar Co-operative Societies that actual consideration is Rs.28 lacs whereas it is shown as Rs.10 lacs - Report whether can be relied..........
Criminal Procedure Code, 1973, Section 200, 202 -- Jurisdiction and power of revisional Court - Straightway issuance of summons - Rejection of prayer for ordering investigation - Revisional Court could not and ought not to have straightaway ordered issuance of summons to accused persons - Even the initial order by the magistrate to hold inquiry u/s.202(2) Cr.P.C. without..........
