Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at a place where cheque was deposited, where the complainant had its office, has jurisdiction to entertain and try the complaint u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 193, 195, 209 -- Complaint u/ss 193 and 209 IPC - Private complaint is not maintainable - S.195(1)(b)(i) Cr.P.C. clearly shows that no Court shall take cognizance of offences u/ss 193 & 209 IPC except on a complaint in writing of that Court or such officer of the Court...........
Electricity Act, 2003, Section 135, 138, 151, Criminal Procedure Code, 1973, Section 154 -- FIR - Lodging of - Held, even when Magistrate is to take cognizance when a complaint is filed before it, that would not mean that no other avenue is open and complaint/FIR cannot be lodged with police - If offence under Cr.P.C. is cognizable, provisions of Chapter XII containing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence on the basis of affidavit - It is open to Magistrate to rely upon verification in the form of affidavit filed by complainant in support of his complaint - Magistrate is neither mandatorily obliged to call upon complainant to remain..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Objection as to jurisdiction - More than one act which are the components of offence u/s 138 of Act, fell within jurisdiction of Court at place `E' - Complaint, held, maintainable at place `E'...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of five cheques - Five cheques - Single complaint - Since all the cheques were dishonoured on the same day and a single notice was issued demanding petitioners to repay the due amount and a single reply was given, thus single complaint held maintainable against dishonour..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of loan - Money lender - Accused contended that complainant had no money lending licence thus complaint u/s 138 of Act is not maintainable - Contention rejected as money advanced by company in the form of loan is excluded from the purview of Andhra Pradesh Money Lenders..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Complaint against brother of husband and his wife - Complaint was filed in 2012 whereas complainant and her husband had left the husband's parental home in 2005 and lived separately - Domestic incident report filed by..........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Acquittal - Validity - Accused alleged to have kidnapped minor daughter of complainant under temptation of marriage and committed rape on her - Doctor who has examined victim deposed that it is not possible to give exact opinion that there was any sexual intercourse upon her - Victim could not be examined..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Complainant company supplied copper rods to accused company for processing - Accused failed to return entire quantity of copper rods to complainant - High Court at the threshold should not have quashed the complaint and summons - Impugned order set aside...........
