Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - A person against whom material is disclosed is only summoned to face trial and in such event u/s 319(4) Cr.P.C. proceeding against such person is to commence from the stage of taking of cognizance - Court need not wait for evidence against accused proposed to be summoned to be tested by..........
Contempt of Courts Act, 1971, Section 12, 15, Indian Penal Code, 1860, Section 19, 20, Contempt of Courts Act, 1971, Section 13(as, Commissions of Inquiry Act, 1952, Section 10A - - Sitting Judge of Supreme Court appointed Chairman of Enquiry Commission - Scandalous remarks against commission published in a news paper - Contempt of Court not made out - Commission is not a..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/ss 409, 420, 467, 468, 471, 34 & 120-B IPC - Appellant pleaded that cognizance was taken without obtaining sanction for prosecution - Whether appellant fulfills the conditions mentioned in S.197(1) can be decided by leading evidence at the stage of trial - Moreover, it is not a part of duty..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Question of sanction u/s 197 Cr.P.C. can be raised at any time after cognizance had been taken and may have to be determined at different stages of the proceeding/trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days of receipt of notice - However, cognizance taken after expiry of 15 days period - Bar of expiry of 15 days is only for the purpose of taking cognizance and not for filing of complaint - If order of cognizance is taken after expiry of 15..........
Criminal Procedure Code, 1973, Section 200 -- Affidavit - Not substitute of sworn statement on oath - Recording of sworn statement of complainant and his witnesses before taking cognizance is mandatory - Cognizance taken on the basis of Affidavit, held, not proper - Proceedings from the stage of S.200 Cr.P.C. set aside and Magistrate directed to follow the procedure..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), , Section 193, 196, 420, 120B - - Fabrication of order of High Court by accused in a writ petition - Complaint filed u/s 195(1)(b)(i) and (iii) by Deputy Registrar of High Court before Special Judicial Magistrate without any authorization by High Court - Held, complaint is not valid - Magistrate cannot..........
Indian Penal Code, 1860, Section 406, 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 482 -- Criminal Breach of trust & cheating - Quashing of proceedings - FIR, Investigation and charge sheet prima facie disclose that accused along with others were involved in alleged offences - FIR and charge sheet have to undergo..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Complainant is not required to examine himself twice i.e. one after filing complaint and one after summoning of accused - Affidavit and documents filed by complainant alongwith complaint for taking cognizance of offence are to be read in evidence at both the stages i.e. pre..........