Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Can be filed by power of attorney holder of payee - When a power of attorney holder has full knowledge of the transaction his statement can be recorded by Magistrate for verification of the complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190 -- Dishonour of cheque - Complaint - Cognizance - Cognizance of complaint is taken when Magistrate orders recording statement of complainant and any evidence which the complainant may produce - It is not necessary that the words 'Cognizance taken' should appear in the order...........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Burn injury - Acquittal of husband, his parents and brother - Deceased suffered 100% burn injuries in house of accused - Evidence of parents and brother of deceased that deceased was harassed on account of dowry demand did not appear to be worthy of credence - Victim..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Does not necessarily mean an enquiry by examining witnesses produced by complainant - Enquiry is not limited to any particular form - Magistrate is competent to look into even police records - Enquiry is not to be so detailed as to anticipate a full fledged trial - Complainant and accused have no right to..........
Evidence Act, 1872, Section 33, Criminal Procedure Code, 1973, Section 306(4)(a) -- Approver - Statement recorded by Magistrate u/s 306(4)(a) Cr.P.C. - Death of approver before his examination by trial Court - Statement of approver at the time of enquiry u/s 306(4)(a) Cr.P.C. is not admissible in evidence as accused had no right of cross-examination at that stage...........
Criminal Procedure Code, 1973, Section 164(4) -- Confession - Recorded by Magistrate - When certificate as envisaged by provision of S.164(4), which is mandatory, not given then such confession has no evidentiary value and cannot be accepted - Magistrate has to follow strictly all the requirements of the provision in order to ensure that the confessional statement given by..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Power of Attorney - Whether a complaint u/S.138 of Negotiable Instruments Act can be filed by a Power of Attorney - Held that complaint can be presented by GPA on behalf of payee, provided -
(a) The complaint shall be signed by the payee himself
(b) There shall be also an..........
Evidence Act, 1872, Section 32 -- Two dying declarations - First dying declaration recorded by Judicial Magistrate - Doctor opined, before and after recording dying declaration, that deceased is fit to make statement - Second dying declaration recorded by police, while deceased was in the hands of her husband - Second dying declaration does not inspire confidence whereas..........
Evidence Act, 1872, Section 32 -- Dying declaration - Death by burning - Dying declaration recorded by Executive Magistrate - Opinion of doctor as to whether deceased was fit to make statement not taken though doctor was present - Magistrate stating that PW8 Asstt. Sub Inspector was not present at the time of recording dying declaration whereas PW8 stating that dying..........
Criminal Procedure Code, 1973, Section 202, 203, 256 -- Complaint in summons case - Complaint can be dismissed - (i) On receipt of a complaint for an offence, without recording the statement of the complainant or his witnesses, if the Judicial Magistrate comes to the conclusion that the contents of the complaint itself do not disclose any offence or provide a sufficient..........
