Criminal Procedure Code, 1973, Section 200, 202, 204, Indian Penal Code, 1860, Section 307, 504 -- Summoning of revisionists u/s 307 and 504 IPC after having rejected final report u/s 173(2) submitted by IO - Special Court while taking cognizance of offence and issuing process simply taken into consideration record of cross-case - Legality - Held, it is settled that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Petitioner did not repay loan and defaulted in payment of installments - Respondent company took recourse to arbitration proceedings but before award could be passed, petitioner approached respondent with offer of settlement and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Cheque issued for payment of liability of Rs.19,28,000/- in favour of complainant dishonoured - Complainant sent a legal notice to applicant which was received by him - Money was not paid within statutory period of 15 days -..........
Criminal Procedure Code, 1973, Section 311 -- CCTV camera footage - Production of - Held, S.311 of the Code is meant for summoning of witnesses and not documentary evidence for which relevant provision is S.233(3) of the Code...........
Criminal Procedure Code, 1973, Section 210, 482 -- Private complaint - Summoning of accused - Legality - FIR lodged against five persons - Charge sheet filed against one accused - Cognizance taken on charge sheet but case not yet committed - Father of victim filed a complaint in respect of same offence impleading remaining accused - Summoning order passed - Case has not..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 of Cr.P.C. is discretionary in nature - Magistrate takes cognizance of offence and not of the offender - Court has power to proceed against person other than accused if it appears from the evidence that other person not being accused has committed any offence for which he needs to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 of Cr.P.C. is discretionary in nature - Magistrate takes cognizance of offence and not of the offender - Court has power to proceed against person other than accused if it appears from the evidence that other person not being accused has committed any offence for which he needs to..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Held, power u/s 319 CrPC is a discretionary power which can be exercised suo motu or on an application by someone - Even though, power is discretionary but it is not to be exercised in a routine manner - It is an extraordinary power which should be used sparingly and only..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Case based on circumstantial evidence - Exercise of power by Court - Court below did not examine the matter taking a full conspectus of the case - Held, whether chain of circumstances brought on record would reasonably lead to conviction of persons proposed to be added as accused ought to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Dishonoured cheque returned by Bank on 07.02.2008 with an endorsement that funds were insufficient - Legal notice sent on 03.03.2008 demanding cheque money - First complaint filed on 29.04.2008 which was dismissed in default..........
