Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Quashing of order dismissing complaint - Cheating - Monetary transaction - Allegation that accused allured complainant to join them in their business of purchasing plots - However, complainant failed to prove that money was ever given to accused at the time when plot was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Single absence - Case transferred from place `M' to place `J' and again re-transferred from place `J' to place `M' - Magistrate instead of dismissing complaint in default should have adjourned the case at least..........
Criminal Procedure Code, 1973, Section 193, 195, 211, 340 -- Disparaging remarks against police officials - Initiation of proceedings - High Court without recording reasons u/s 340(1) Cr.P.C. and without affording an opportunity of hearing to police officials based on materials produced before Appellate Court, issued direction to Registrar General to lodge a complaint..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR counter blast to complaint filed u/s 138 NI Act - Cheque alleged to be fabricated - Whether cheque is fabricated or not is an issue which is to be decided in both cases, i.e in complaint u/s 138 of N.I Act and criminal case arising out of FIR -..........
Criminal Procedure Code, 1973, Section 311 -- Cross-examination of complainant - Complaint u/s 138 of N.I Act - Cross-examination of complainant is closed by Court - However, one opportunity is granted to petitioner in an application u/s 311 Cr.P.C to cross-examine complainant - But petitioner again sought time to extend cross-examination - Taking into account fair play..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Magistrate dismissed complaint and acquitted all accused - High Court ought to have granted leave to complainant to file criminal appeal - Having regard to nature of violations complained of and material on record, regular hearing by way of appeal before High Court was necessary..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in setting law in motion by lodging complaint or registration of FIR is normally viewed by Courts with suspicion because there is possibility of concoction of case against accused - But when there is proper explanation for delay, prosecution case cannot be doubted on the ground that there was delay..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Proceedings quashed u/ss 420, 467, 468, 471, 474, 385, 209, 34 IPC by High Court against accused - As per allegation forgery was committed by entering date in cheque and in writing amount of cheque - Averments in complaint does not indicate prima facie commission of said offence by accused -..........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Objective - Is to provide for particular procedure, which gives authority only to public servant - Legislative intent is to prevent an individual or a group of persons from facing criminal prosecution instituted upon..........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - There must be a complaint by public servant, who is lawfully empowered, whose lawful order has not been complied with - Provisions of S.195 Cr.P.C are mandatory and no, compliance, with it, will make entire process void ab..........
