Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - No assertion in the complaint that appellant at the time of commission of offence was in charge of business of Company - Appellant cannot be prosecuted with the aid of S.141(1) of the Act - Order taking cognizance against appellant quashed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial in respect of other accused had already been concluded in the year 2016 and now trial Court is waiting for decision of revision petition - Trial Court took cognizance against petitioners relying upon testimony of complainant and his father - However, there are serious contradictions in..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 223(1) -- Cognizance of offence - Quashing of order of issuance of notice to accused - Court below without examining complainant and his witness on oath issued notice to accused - However, after complaint is filed, Magistrate should first examine complainant and witnesses on oath and thereafter, if Magistrate proceeds..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is filed, right to statutory bail u/s 167(2)(a) Cr.P.C ceases and does not revive only because a further investigation order is pending or cognizance over charge sheet has not been taken by Court concerned...........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Police submitted negative final report - Whenever a criminal Court proceed to take cognizance of an offence on a negative final report, it is obligated to discuss opinion of I.O. and if he feels to proceed further in the matter, he is required to show his complete disagreement with final report..........
Indian Penal Code, 1860, Section 467, 468, 471 -- Offence u/ss 467, 468, 471 IPC - Sale deed in question is genuine and not a forged document - Whether it conveys title to transferee is a legal question to be decided by competent Civil Court - Ss.467, 468, 471 IPC do not get attracted against petitioner - Order taking cognizance quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - No allegation of complainant that any accused has made any representation to him to part with any property - As such for want of any representation, question of any fraudulent or dishonest inducement of complainant does not arise - Moreover, complainant has not parted with any property to accused, nor has he executed sale..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a) -- Offence u/s 188 IPC - Magistrate cannot take cognizance of offence punishable u/s 188 IPC upon police report - He can take cognizance of such offence only on the written complaint of public servant whose order has been violated or on the complaint of an administratively superior..........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No cognizance can be taken by Magistrate in view of S.198 Cr.P.C, for an offence punishable under Chapter XX IPC except upon a complaint made by some person aggrieved by offence - But it does not include police report u/s 173(2) Cr.P.C...........
