Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose..........
Criminal Procedure Code, 1973, Section 391, 401, 482 -- Additional evidence in revision - Sessions Judge has jurisdiction to take additional evidence in revision...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Dishonour of cheque - Inadequate sentence - Revision is maintainable by complainant...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - An order of Magistrate rejecting an application u/s 156(3) Cr.P.C. for a direction to police to register and investigate, is not an interlocutory order - Such an order affects the valuable rights of complainant and is a matter of moment - Access to remedy of..........
Criminal Procedure Code, 1973, Section 397(2) -- Term `interlocutory order' - An order which deals with matters of moment and which affects or adjudicates upon rights or a particular aspect of trial is not an interlocutory order so as to be outside the pale of revision...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - A prospective accused is entitled to be heard in revision u/s 397 Cr.P.C. against an order rejecting application u/s 156(3) Cr.P.C. - Fact that in the event of remand by revisional Court to Magistrate, for fresh consideration of an application u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Quashing - Petition u/s 482 Cr.P.C. is maintainable even when remedy provided for filing criminal revision is not availed...........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of seized property - Release of currency notes during pendency of trial - Provision of S.451 Cr.P.C., is clearly applicable - Order passed u/s 451 Cr.P.C. is revisable one - Since applicant approached Court directly without availing statutory remedy of filing revision, Court does not find any ground to invoke..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. can be exercised even before cross-examination of witnesses - A person not named in FIR or a person though named in FIR but not charge-sheeted or a person who has been discharged can be summoned u/s 319 Cr.P.C. provided from evidence it appears that such person can be tried along..........
Indian Penal Code, 1860, Section 323, 452, 506, Criminal Procedure Code, 1973, Section 401 -- Offence u/ss 323, 452 & 506 IPC - Revision against acquittal - Where both the Courts below appreciated evidence in right perspective and recorded concurrent findings of fact that evidence of prosecution on record does not prove the charge and correctly acquitted the accused, such..........
