Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing and only on one date he could not appear due to wrong noting of date of hearing - It was inappropriate for Court to dismiss the complaint in default especially when case was listed for..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Complaint is only at the stage of investigation - Nothing is pending before any Court as on date - Moreover, there are relevant provisions in Cr.P.C such as S.160 Cr.P.C. which act as a safeguard - No good ground to transfer of investigation - Application rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant at the stage of consideration of application u/s 311 Cr.P.C. - Complainant had already led his evidence - Magistrate could have dismissed the application and proceeded with the case on the basis of..........
Criminal Procedure Code, 1973, Section 154, 482 -- Quashing of FIR/complaint - Plea of mala fide - Assets disproportionate to known sources of income - If sufficient materials are gathered for sending the accused for trial then plea of mala fide may not per se form basis for quashing FIR/complaint...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Quashing of FIR/complaint - Whenever powers are invoked either u/art 226 of Constitution or u/s 482 Cr.P.C for quashing of FIR/complaint, Courts would not be justified in embarking upon an enquiry as to probability, reliability or genuineness of allegations made therein...........
Criminal Procedure Code, 1973, Section 482 -- Second complaint - On almost identical facts which was raised in the first complaint and which was dismissed on merits - Second complaint is not maintainable...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - It is discretion of Magistrate to direct complainant to examine witnesses instead of directing an investigation - However, discretion cannot be exercised arbitrarily...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Direction for investigation - Allegations when warrant recovery of documents or other material objects which are in physical possession of accused or other persons then investigation is to be ordered as in such a case complainant will not be in a position to retrieve the relevant evidence..........
