Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Quashing of summoning order - Petitioners are senior citizens and reside in Mumbai - Drill of S.202 Cr.P.C was not followed - Neither complainant nor State counsel able to controvert the same - Summoning order set aside - Matter remanded back to Magistrate to..........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Witnesses who are sought to be summoned were not examined as prosecution witnesses though they were witnesses of inquest - Order declining request of accused to summon defence witnesses suffers from legal flaw and is not sustainable...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fabrication of records - Quashing of FIR - Question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial - High Court was not justified in quashing complaint as well as charge sheet in its entirety when there are two..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge u/s 307 IPC - No grievous injuries have been caused to injured and injured received simple injuries - Two necessary ingredients i.e intention of or knowledge relating to commission of murder and doing of an act towards it are missing - Trial Court committed an error in framing charge for offence u/s 307 IPC -..........
Civil Procedure Code, 1908, Section 100A -- Intra Court appeal - Against order of single Judge passed u/s 299 of Succession Act is not maintainable...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order u/s 319 Cr.P.C should not be passed only because informant or one of witnesses seeks to implicate other person - Sufficient and cogent reasons are required to be assigned by Court so as to satisfy ingredients of provision...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Ex parte order - Setting aside - Counsel not appeared on the relevant date which resulted in ex parte order passed against defendants - Party cannot be made to suffer for fault of counsel - Foreclosure of defendant's right to cross-examine PW1 and PW2 has resulted in grave prejudice to right of defence of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Falsehood in the complaint with reference to the addresses of accused - Mentioning of addresses as `Sector 20, Gautam Budh Nagar' whereas not only the appellants but also other accused were found to be residents of New Delhi - Complainant having misused the legal system by lodging false and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Concealing of material facts which were within knowledge of complainant at the time of filing complaint - Non disclosure of relevant facts which was deliberate and mischievous attempt on the part of complainant to maliciously initiate criminal proceedings for ulterior motives - FIR qua appellants..........
