Negotiable Instruments Act, 1881, Section 138, 142, 145, Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Summoning of accused - It is open to Magistrate to issue process on the basis of contents of the complaint, documents in support thereof and affidavit submitted by complainant in support of complaint...........
Criminal Procedure Code, 1973, Section 372, 378, 190(a), 200, Negotiable Instruments Act, 1881, Section 138 -- Private complaint - Appeal against acquittal - Held, an appeal against acquittal of accused by complainant in a case instituted on a private complaint u/s.190(a) r/w S.200 Cr.P.C. will not lie u/s.372 Cr.P.C. before Sessions Court but lie before High Court with..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of offence relying upon affidavit filed by complainant - Magistrate not legally required to examine complainant and his witnesses as provided in S.200 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Complainant's statement-i, chief - Held, it could be on affidavit although it is open to call him for cross-examination in exercise of power u/sub-s.(2) of S.145 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Examination-in-chief of complainant - Held, affidavits given by complainant at pre-summoning stage alongwith complaint, at the most, will become previous statement of complainant with which he can be confronted later on filing of fresh..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Power of attorney - When can be examined - Held, power of attorney holder can institute a complaint as well as examine himself u/s 200 Cr.P.C. but it is possible only when he is personally aware about the facts and circumstances of the transaction..........
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B - - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant has..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Private complaint - Order taking cognizance and issuing process in complaint filed u/s.138 of the Act on basis of examination of complainant on affidavit in terms of S.145 (1) of the Act - Legality - Held, no illegality in impugned order taking..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 482 -- Summoning order - Quashing of - Contention that affidavit filed by complainant with criminal complaint was inadmissible in evidence since the same is not signed by deponent - Held, petitioner may take such plea of defence before trial Court - No illegality in impugned..........
