Negotiable Instruments Act, 1881, Section 138, 141, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Offence by Company - Quashing of summoning order - Once cheques stood drawn on behalf of company, arraigning of Company as an accused is imperative - However, since there is no recital regarding compliance of S.138 r/w S.142 of the N.I. Act..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 94 -- Quashing of order - Summoning of document - Petitioner alleged that neither FIR u/Ss.112, 238, 316(2), 316(5), 318(4), 344 BNS was registered against it nor it was involved in internal affair/ management of institute R against whom FIR was registered - However, material collected during investigation revealed..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 94 -- Summoning of document - Object of S.94 BNSS - S.94 BNSS confers power in hands of Court or Office-in-Charge of police in case of pending investigation, inquiry, trial or other proceedings to produce document or other thing which Court or Police authority deems relevant and cogent for conducting of investigation,..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Quashing of proceedings - Plea of false implication - FIR and material on record revealed commission of offence u/s 307 IPC and intention to kill informant - Even, at stage of summoning it cannot be ascertained who fired with firearm in group of 16 persons - Proceedings..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Cognizance of offence - Once police report in shape of final report submitted by concerned I.O. has been rejected and protest petition preferred at the behest of victim has been allowed, scope available before Special Judge is only to treat the matter as Complaint Case and summoning of applicant might be..........
Civil Procedure Code, 1908, Order 16, Rule 6, 7 -- Summoning of sub-Registrar along with documents - No prejudice will be caused to anybody if witness is summoned - If Sub-Registrar is summoned to produce registered sale deeds and original certificate issued by Mandal Revenue Officer to give evidence, it is useful for proper adjudication of issues involved in the suit -..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Generally on the basis of evidence before it during trial, Sessions Court is fully empowered and armed with competent jurisdiction over issue of summoning additional accused persons to face trial along with accused persons who were already been tried by it...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioners were not named in the FIR - Prosecution has not produced proper and sufficient evidence on the basis of which petitioners could be called by Court to face trial in the case as co-accused, rather it ought to have waited for some other cogent evidence of fact which could easily..........
Criminal Procedure Code, 1973, Section 193 -- Summoning of person as accused - Court of Session takes cognizance of the case or offence as a whole and therefore is entitled to summon anyone who on the material before it appears to be involved in such offence to stand for trial before it...........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance of offence - Summoning of person as offender - Unless the court has taken cognizance of offence, a person merely alleged or suspected to be involved in the commission of such offence, cannot be called upon or compelled to partake in criminal proceedings as it violates the person`s right to dignity and the right..........
