Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Averments made in complaint filed by respondent u/s.138 NI Act are sufficient to come to conclusion that cheque in question was not issued in discharge of any existing debt or liability - In whatever capacity, respondent might be..........
Criminal Procedure Code, 1973, Section 227 -- Discharge of accused - Magistrate in considering discharge application taken into account documents produced by accused - Held, at the time of framing charge or taking cognizance accused has no right to produce any material - Impugned order suffered material irregularity and illegality - Magistrate directed to decide..........
Criminal Procedure Code, 1973, Section 228(1) -- Framing of charge - Procedure to be followed - Offences u/ss 323, 341, 354 r/w S.34 IPC & u/s 3(i)(x), (xi) & (xv) of SC & ST (Prevention of Atrocities) Act, 1989 - Discharge of accused in respect of offences under the Act of 1989 - In respect of offences alleged to have been committed under IPC, case was remanded back to..........
Criminal Procedure Code, 1973, Section 204, 244, 245(2) -- Discharge - After issuance of process stage for discharge comes after recording evidence u/s 244 Cr.P.C. - Petition filed at pre mature stage - Petition, held, not maintainable - Direction issued to approach Court for discharge after recording evidence u/s 244 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge at the stage of framing of charge - At this stage Court is required to consider whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out - Even strong suspicion founded on material would justify the framing of charge...........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge of accused at the stage of framing of charge - Specific allegations against husband and also against his parents - Whether or not those allegations are true is a matter which cannot be determined at the stage of framing of charge - Any such determination has to take place at the conclusion of the trial - Order..........
Criminal Procedure Code, 1973, Section 197 -- Absence of sanction for prosecution - Request for discharge was rejected by Magistrate on the ground that petitioner is not a public servant removable by Government as mentioned in S.197 of Cr.P.C. - Question whether the act complained of was done by petitioner in discharge of his official duties or in purported discharge of..........
Criminal Procedure Code, 1973, Section 200 -- Complaint by public servant - Non-examination of complaint and witnesses - Effect - Complaint is made in writing by a public servant acting or purporting to act in discharge of his official duty - Held, Magistrate need not examine complainant and witnesses...........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Both the Ss.197 Cr.P.C and S.19 of the P.C. Act afford protection to public servants for acts done in discharge of official duties - For invoking the provisions it must be shown that the official concerned was accused of an offence..........
Criminal Procedure Code, 1973, Section 125, 62 -- Order granting maintenance - Review of - Held, order passed by trial Court in proceeding u/s.125 CPC is neither an order of acquittal nor a conviction - Equally, it is not a discharge order too - On husband's application, trial Court can modify/recall/review ex parte order of maintenance ordered, if circumstances so require..........
