Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Once Magistrate takes cognizance and discharges accused, Magistrate has no jurisdiction to suo moto direct I.O for further investigation or direct re-investigation and submit the report - However, I.O is at liberty to apply for further investigation even after forwarding report u/s 173(2) Cr.P.C and..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - Witnesses cannot be recalled merely because subsequently engaged lawyer is of the view that previous lawyer has not performed his duties efficiently or he was an inefficient lawyer or is guilty of professional misconduct, more particularly where full opportunity of hearing was given to applicant and he..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 323, 326, 354, 448, 506, 149 -- Compounding of offence - Offence u/ss 323, 326, 354, 448, 506, 149 IPC - Signatures of complainant/victim not found in application seeking compounding of offence - Offence u/s 326 IPC is no, compoundable - There was no prayer by accused seeking leave of Court to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - In order to see whether any prima facie case against accused for taking cognizance is made out or not, Court is only required to see the allegations made in the complaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Mere pendency of civil suit is not an answer to the question as to whether a case u/ss 323, 379 read with S.34 IPC is made out against accused...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - High Court has no jurisdiction to appreciate evidence of proceedings u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living in adultery and willingly left company of husband without any sufficient cause - Said fact is admitted by wife - Wife not entitled to maintenance...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate Court - Documents in question are not necessary for adjudication of case u/ 138 of N.I. Act - Relevancy of documents was rejected during course of trial, therefore same cannot be made relevant in appeal - Even otherwise, S.391 Cr.P.C cannot be invoked if a plea raised during course of trial has..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Accused can be summoned on the basis of affidavit of complainant - Complainant is not required to be examined on oath for taking cognizance of complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheques - Four cheques - Single complaint - Magistrate at the time of framing charge has to decide whether all the four cheques pertain to the same transaction - If it is so, then single complaint is maintainable - In case all the four cheques do not relate to the same..........
