Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 167 -- Sanction for prosecution - Offence u/s 167 IPC - False inquiry report knowingly prepared by public servants - Respondents are government servant, who conducted inquiry into allegations made by petitioner - Offence u/ss 166 & 167 IPC has a direct nexus with commission of criminal misconduct..........
Criminal Procedure Code, 1973, Section 482, 311 -- Additional Evidence - Permissibility - Pre-charge evidence of complainant was closed - Wife of complainant was not cited as witness - MLR of wife not produced on file - No revision against the interlocutory orders lies - Clear case of misuse of Power of summoning witness - Wife of the complainant not permitted to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C., significantly uses two expressions i.e : (i) Inquiry; (ii) Trial - As a trial commences after framing of charge, an inquiry can only be understood to be a pre-trial inquiry - Word evidence u/s 319 Cr.P.C. contemplates evidence of witnesses given in court in inquiry or trial...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court rejected application u/s 319 Cr.P.C. on mere conjectures as to whether there exists possibility that accused so summoned in all likelihood would be convicted - Prima facie satisfaction expressed by Court below is just by conducting fishing enquiry which is not expected at this stage -..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Complainant is not required to examine himself twice i.e. one after filing complaint and one after summoning of accused - Affidavit and documents filed by complainant alongwith complaint for taking cognizance of offence are to be read in evidence at both the stages i.e. pre..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Deletion of names of two complainants sought before recording of pre-summoning evidence - Trial Court allowed the same - Held, neither illegal nor irregular...........
Criminal Procedure Code, 1973, Section 240 -- Framing of charge - Charge cannot be framed on the basis of evidence recorded at the pre summoning stage...........
Criminal Procedure Code, 1973, Section 200, Prevention of Money Laundering Act, 2003, Section 45(1)(as - - Money Laundering - Complaint - Non-recording of pre-summoning evidence - Effect - Complainant was a public servant duly competent to file complaint u/s 45(1) of the Act - Held, there was no legal requirement to record pre-summoning evidence...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Examination-in-chief of complainant - Held, affidavits given by complainant at pre-summoning stage alongwith complaint, at the most, will become previous statement of complainant with which he can be confronted later on filing of fresh..........
