Criminal Procedure Code, 1973, Section 202 -- Accused residing outside jurisdiction - Proper time for applicability of the amended provision is when the matter comes up before the Court for consideration of preliminary evidence - It is then only that the Magistrate has to compulsively postpone the issue of process in the indicated manner if it is found that 'the accused is..........
Criminal Procedure Code, 1973, Section 202 -- Private complaint - Summoning of accused - Petitioner No.3 residing at Delhi which place was beyond the area in which the Magistrate exercised his jurisdiction - Summons issued without holding enquiry as indicated in S.202 Cr.P.C. - Summoning order against petitioner No.3 set aside...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Application u/s 156(3) Cr.P.C. - Magistrate after calling for police report treated the application as complaint case - Held, that Magistrate is not bound to order registration of FIR in all cases where a cognizable offence has been disclosed and Magistrate has authority to treat it as complaint - Order of Magistrate is..........
Criminal Procedure Code, 1973, Section 200, 202 -- Inquiry - Scope of - Held, inquiry provided u/s 200 and 202 is limited to ascertainment of the truth or falsehood of allegations made in complaint - Decision of Magistrate can only be based on materials placed by complainant - Inquiry is limited for purpose of finding out whether a prima facie case for issue of process has..........
Criminal Procedure Code, 1973, Section 482, 190, 156, 200, 202 -- Inherent jurisdiction - On conjoint reading of provisions of Ss. 156, 190, 200 and 202 Cr.P.C., case which is exclusively triable by a Sessions Judge instituted on complaint, Magistrate is competent and empowered to pass an order for investigation by police even before taking cognizance of the offence -..........
Criminal Procedure Code, 1973, Section 190, 200, 202 -- Cognizance of offence - Power of Magistrate - Magistrate is fully competent to look into case diary for purpose of taking cognizance and passing summoning order and it was not obligatory for this purpose to treat protest petition as complaint and to follow procedure laid down in Chapter XV Cr.P.C. - However, if..........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Recall of summoning order - Summoning order recalled - Magistrate had jurisdiction to recall the summoning order in view of K.M.Mathew's case - Subsequently Supreme Court in Adalat Prasad case held that Court which passed the order of summoning had no jurisdiction to recall the same as there is no specific..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Magistrate is obliged to conduct enquiry u/s 202 Cr.P.C. even in a prosecution u/s 138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Issue of process - Magistrate must be satisfied before issue of process that the complaint contains requisite averments and also that such averments, on the face of it, supported by sufficient material collected in the enquiry u/ss 200 & 202..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Issue of process - Failure or omission to conduct enquiry u/s 202 Cr.P.C. in a prosecution u/s 138 does not ipso facto vitiate cognizance taken - However, it is necessary in a case where accused are sought to be saddled with liability u/s 141..........
