Criminal Procedure Code, 1973, Section 200 -- Second complaint - No statutory bar in filing second complaint on same facts - However, second complaint can be entertained in exceptional circumstances, namely, where previous order was passed on an incomplete record or on a misunderstanding of the nature of complaint or it was manifestly absurd, unjust or where new facts..........
Criminal Procedure Code, 1973, Section 199, 200 -- Second complaint on same allegations - Not maintainable when earlier complaint is dismissed due to non appearance and/or non prosecution...........
Criminal Procedure Code, 1973, Section 190, 200, 203 -- Commission of offence - Report lodged with police - No action taken by police - Writ petition in such a case not to be entertained without availing remedy available under Cr.P.C. - Complainant has power u/s 190 r/w S.200 to lay complaint with Magistrate - Magistrate is required to enquire into the complaint...........
Criminal Procedure Code, 1973, Section 204, 202, 200 -- Complaint - Summoning order - Recall - Magistrate has no power to review and recall summoning order - Remedy lies u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Complaint - Summoning order - Recall - After issuance of summons, an application by an accused u/s 203 Cr.P.C. for recall of summoning order is impermissible because by then S.203 is already over and Magistrate has proceeded further to Section 204 stage...........
Criminal Procedure Code, 1973, Section 200, 300 -- Second complaint on same facts - First complaint dismissed for non prosecution - Application to recall order also dismissed - Second complaint on same facts filed - Dismissal of earlier complaint does not bar fresh complaint on same facts...........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint - Can be entertained only in exceptional circumstances and if a special case is made out and where the previous order was passed on an incomplete record or where the facts could not be brought on record in spite of due diligence - It is for the complainant to satisfy the Court by establishing a special..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Preliminary evidence - Permissible by way of affidavit - Unless the case falls within `just exception' contemplated u/s 145 of N.I. Act, Court must receive affidavits as evidence at the stage of S.200 Cr.P.C. and should not insist on personal appearance..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 2(g) -- Dishonour of cheque - Preliminary evidence - Proceedings before Magistrate u/s 200 Cr.P.C. is an inquiry u/s 2(g) of the Code...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, Evidence Act, 1872, Section 3 -- Dishonour of cheque - Preliminary evidence - Statement of a complainant u/s 200 Cr.P.C. is evidence - Any statement which Court permits or requires to be made before it by witnesses, whether such statement be tested by a cross examination or not, will..........
