Criminal Procedure Code, 1973, Section 202 -- Private complaint - Summoning of accused - Petitioner No.3 residing at Delhi which place was beyond the area in which the Magistrate exercised his jurisdiction - Summons issued without holding enquiry as indicated in S.202 Cr.P.C. - Summoning order against petitioner No.3 set aside...........
Criminal Procedure Code, 1973, Section 320, 406 -- Transfer petition - Different disputes pending between parties in different Courts in Delhi & U.P. - Compromise between parties - Ordered that all criminal cases pending between the parties shall be quashed and consigned to record room by respective courts on being moved by either of parties by providing a copy of this..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Recording statement of complainant - Not an empty formality - Recording statement cannot be done mechanically by simply filing details such as date of cheque, name of bank etc. in a format already kept ready - Order issuing process without..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 204 -- Summoning of accused - Recording of reasons - Held, process for summoning an accused u/s 204 of the Code may be issued by a Magistrate only if there are sufficient grounds for proceeding in the matter - Before proceeding against an accused, Magistrate taking cognizance of an offence is required to spell out..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Abuse of process of law - Respondent for reasons best known to her has chosen to file two separate complaints with respect to same document, three years apart - Held, respondent had tried to establish that offences had been committed by petitioners u/ss 403 and 406 IPC as also u/s 73 of the Companies..........
Criminal Procedure Code, 1973, Section 133(1), 137(2), 138 -- Public nuisance - Issuance of conditional order - Procedure for - Held, when conditional order is issued either u/s 133(1)(a)(i) or u/s 133(1)(b) to (f) and sub-clauses (ii) to (vi), such person can appear before concerned officer and can show cause for not proceeding further under these provisions and can also..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Summons sent as per registered post with A.D. at Chandigarh address and at Canada address - Summons sent at Chandigarh address received back as unclaimed - Summons sent at Canada address not received back within statutory period of 30 days - There is presumption of service of summons -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Evidence within knowledge not produced in the trial Court - Order dismissing application, upheld...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B -- Dowry death - FIR registered against husband and his mother - Challan submitted only against husband - Court summoned mother as additional accused on the application moved u/s 319 of the Code as it appeared to the court that mother committed offence - Summoning order set aside - Held, it..........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Application u/s 156(3) Cr.P.C. - Magistrate after calling for police report treated the application as complaint case - Held, that Magistrate is not bound to order registration of FIR in all cases where a cognizable offence has been disclosed and Magistrate has authority to treat it as complaint - Order of Magistrate is..........
