Criminal Procedure Code, 1973, Section 482, 397, 245 -- Summoning order - Quashing of - Petition u/S.482 Cr.P.C held not maintainable due to following reasons: (i) Impugned order revisable u/S.397 Cr.P.C. - Once there is a specific provision under the Code, the petition u/S.482 Cr.P.C. not maintainable; and (ii) Application u/S.245 Cr.P.C. for dropping has still not been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 245 -- Dishonour of cheque - Sleeping partner - Petition for discharge of sleeping partner u/s 245(2) Cr.P.C. dismissed - Revision also dismissed by Sessions Court - Petition u/s 482 Cr.P.C. for quashing complaint and summoning order - No mention of order of Magistrate or Sessions..........
Official Secrets Act, 1923, Section 5, 13(3), Criminal Procedure Code, 1973, Section 245, 473 -- Delay of 25 days in filing complaint - Complainant had a right to seek for extension of time u/s 473 Cr.P.C. - Mere fact that complaint was filed 25 days after expiry of period of limitation does not entitle accused to seek his discharge - On facts held, complainant explained..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 409, 120B, Prevention of Corruption Act, 1988, Section 30(2) -- Discharge - Validity - Criminal conspiracy to import inferior quality of coal at higher price - Strong objection raised by Govt. Secretary about proposal - Concerned file circulated through respondent/accused (Chief Minister) for..........
Criminal Procedure Code, 1973, Section 245, 240, 239, 227 -- Framing of charge - Duty of trial Court - Held, if trial Court decides to frame charge, there is no legal requirement that he should pass an order specifying reasons as to why he opts to do so - Magistrate is obliged to record his reasons if he decides to discharge accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245, 482 -- Dishonour of cheque - Complaint - Not disclosing any offence - Accused can approach High Court for quashing of criminal proceedings at any stage when no offence is made out - High Court need not direct the parties to file proper application before Magistrate before discharge...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 244, 245, 246 -- No evidence taken before framing charge - Held, it is not necessary that in all cases the Magistrate should take evidence before he frames the charge...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245 -- Dishonour of cheque - Complaint - Trial commenced and one P.W. examined - Trial Court cannot discharge the accused under Section 245 Cr.P.C. once trial has commenced...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245 -- There is no provision for the summons cases to file an application for discharge under S.245 Cr.P.C. that too, after all the witnesses have been examined...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245, 482 -- Petition to quash the proceedings u/s 482 - Dismissed by High Court - Petitioner can move the trial Court under S.245 Cr.P.C.and raise all the pleas except the one taken before High Court...........
