Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Submissions of accused that there is no date, mode of payment and amount mentioned with regard to payments alleged to have been made by complainant, which in turn was sought to be repaid by means of a cheque which was dishonoured, is a question of trial - Same cannot be considered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - At the stage of summoning, drawing of cheque and dishonoring of same which would attract presumption in favour of holder u/s 139 of the Act is relevant - Arguments with respect to accused being labour, complainant being hardened criminal and fraud had been played upon applicant,..........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of defendant as plaintiff's witness - Plaintiff can seek to summon defendant as his witness but same cannot be allowed as a matter of right and Trial Court is required to consider the purpose for which, witness is proposed to be summoned and thereafter consider application by assigning proper reasons...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of opponent as a witness - Not desirable judiciously - However, in case Court comes to conclusion that opponent's evidence is necessary then to summon the opponent as a witness...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Dishonour of cheque - Summoning of accused - Drill of S.225 BNSS not followed before issuance of process - Summoning order set aside - Matter remitted...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482, 178 -- Cruelty - Quashing of summoning order - Lack of territorial jurisdiction - Prima facie evident that mental cruelty was still persisting in wife's mind while she was staying at her parental home as demand for valuables was still being persistently being made by petitioners - On taking..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court itself or on an application moved by someone...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Courts cannot consider evidence collected during investigation while deciding an application u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is no need to go into cross examination of witnesses before summoning accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Inconsistencies, contradictions and improvements in the testimony cannot be minutely scrutinised at the stage of summoning u/s 319 Cr.P.C...........
