Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190, 200 -- Magistrate has to take cognizance before proceeding to record sworn statements of complainant and his witnesses - Taking of cognizance after examination of complainant is impermissible in law and it would vitiate the entire proceedings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Complaint - Company - No Magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to represent the Company till the end of the proceedings...........
Criminal Procedure Code, 1973, Section 200 -- Complaint - Company - No Magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to represent the Company till the end of the proceedings...........
Criminal Procedure Code, 1973, Section 156(3), 173(8), 190, 200, 204 -- Further investigation - Cognizance of offence on basis of police report taken by Judicial Magistrate and accused appeared - Magistrate cannot order further investigation in the case...........
Criminal Procedure Code, 1973, Section 190, 173, 200, 202 -- At the time of taking cognizance of the case, the Court has to consider only the averments made in the complaint or in the charge-sheet - Court is not required to appreciate evi-dence at that stage...........
Criminal Procedure Code, 1973, Section 200 -- Complaint - Summoning order - Order issuing the process is an interim order and not a judgment - Can be varied or recalled...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - List of witnesses - No provision that list of witnesses shall be mentioned in the complaint - It can be supplied at any time - Until and unless it is supplied summons or warrant shall not be issued...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, 465 -- Complainant not examined on oath by Magistrate but allowed the Advocate to examine him - It is violative of S.200 - Defect is, however curable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Cognizance should precede the recording of the sworn statement and if the Magistrate straight away on receipt of the complaint records the sworn statement and thereafter takes cognizance, it contravenes S.200 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Magistrate recording statement of complainant and marking some documents - Magistrate issued summoning order without recording his opinion - Held, summoning order is not invalid - Can be inferred that Magistrate applied his mind and only then passed the..........
