Negotiable Instruments Act, 1881, Section 138, 145, 146, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Evidence on affidavit of complainant and bank's slip are sufficient for taking cognizance of the offence u/s 138 of NI Act - Nothing is required for inquiry or for directing investigation before taking cognizance...........
Criminal Procedure Code, 1973, Section 202 -- Preliminary enquiry - Magistrate not recorded statement of several witnesses before issuing process - Process cannot be quashed...........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Cognizance of complaint once taken then investigation by police u/s 156(3) Cr.P.C. cannot be ordered - However, Magistrate after recording evidence of complainant and witnesses during inquiry can direct further inquiry u/s 202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 200, 202 -- Examination of complainant and witnesses upon oath - Duty of Magistrate - Held, Magistrate is under obligation and duty bound to examine upon oath the complainant and his witnesses before issuance of process u/s 204 CrPC and non compliance of which would vitiate further proceedings...........
Criminal Procedure Code, 1973, Section 202 -- Filing of affidavit at the stage of S.202 Cr.P.C.is not permissible under law...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Police investigation - Magistrate can order police investigation both u/s 156(3) and u/s 202 Cr.P.C. - The only difference is the stage at which such power can be invoked - Power u/s 156(3) can be exercised at the pre-cognizance stage while power u/s 202 is at the post-cognizance stage...........
Criminal Procedure Code, 1973, Section 202 -- Complaint case - Magistrate has power to direct police investigation - Such power cannot be exercised in respect of an offence triable exclusively by the Court of Sessions - In such matters police has power even to hold search and seizure of documents and to obtain opinion of hand writing experts...........
Criminal Procedure Code, 1973, Section 200, 202, 156(3) -- Application u/s 156(3) Cr.P.C. dismissed after taking police report - Not treated even as complaint - Subsequent complaint on same allegations filed - Fact of dismissal of application u/s 156(3) Cr.P.C. not disclosed - It is nothing but abuse of process of Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 202 -- Bail - Dentist giving medical aid to accused - Previous plan to provide medical aid to any assailant getting injured - Even a dentist can apply stitches in an emergency - Only offence of accused is not giving information of crime to the police - An important factor for granting bail is..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Right of hearing of a prospective accused at the pre-cognizance stage - Accused is only permitted to remain present during the proceedings but not to intervene or to raise his defence, until the order issuing summons is passed - It is only during the course of trial that accused has been conferred rights at..........
