Criminal Procedure Code, 1973, Section 202, 200 -- Complaint - Enquiry - Accused has no right to take part in proceedings at that stage - Magistrate cannot put questions to witnesses at the instance of person shown as accused against whom process had not been issued...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 62, 63, 64, 65 -- Substituted service - Substituted mode of service to an accused is recognized in a criminal trial whether it be an offence under the IPC or under the Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Recording of statement of complainant is not dispensed with by incorporation of Sections 145 and 146 of the Negotiable Instruments Act...........
Criminal Procedure Code, 1973, Section 200 -- Statement recorded u/s 200 Cr.P.C. - Cannot be read in isolation from the complaint petition...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Notice - Fact of service of notice mentioned in complaint but not specifically mentioned in statement - Statement not to be read in isolation from the complaint - A conjoin reading of complaint and statement clearly reveal the essential ingredients of the provision...........
Indian Penal Code, 1860, Section 494, 494, 109, Criminal Procedure Code, 1973, Section 379, 401, 200, 202 -- Second marriage during subsistence of first marriage - Parents of second wife well informed in advance that accused was already married and his marriage was subsisting - In the facts it is reasonable ground to believe that second wife and her parents were well aware..........
Negotiable Instruments Act, 1881, Section 145, 138, Criminal Procedure Code, 1973, Section 200 -- Recording statement of complainant - Stands substantially dispensed with by insertion of S.145 in the NI Act - Affidavit of complainant can be filed - However, it is open to the discretion of the Judge to put questions to the complainant if he considers it necessary...........
Criminal Procedure Code, 1973, Section 482, 200 -- Police picked up two sons of petitioner in the year 1991 and thereafter their whereabouts not known - Incident 15 years old - Request for enquiry rejected - Petitioner can file criminal complaint against guilty officers if so advised...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Initial statement u/s 200 Cr.P.C. can be given on affidavit...........
Criminal Procedure Code, 1973, Section 200, 482 -- Complaint - Challenge as to before issuance of process - No opinion expressed...........
