Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not mandatory in complaints filed u/s 138 of N.I.Act - Non-compliance of the same thus have no effect upon said complaints...........
Criminal Procedure Code, 1973, Section 156(3), 202 -- Scope - Difference between the two provisions of Ss.202, 156 Cr.P.C. - Powers u/s 156(3) Cr.P.C. can be invoked by Magistrate at a pre-cognizance stage - Whereas, powers u/s 202 Cr.P.C are to be invoked if cognizance is taken before a complaint but before issuance of process...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not applicable to complaint filed u/s 138 of Act...........
Criminal Procedure Code, 1973, Section 202 -- Scope of inquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. is limited only to ascertain truth or falsehood of allegations made in complaint and whether on material placed by complainant a prima facie case is made out for summoning the accused or not...........
Criminal Procedure Code, 1973, Section 202 -- Summoning of accused - While summoning accused Court has to see prima facie evidence - Prima facie evidence means evidence sufficient for summoning accused and not evidence sufficient to warrant conviction...........
Criminal Procedure Code, 1973, Section 202(2) -- Complaint case - Offence exclusively triable by Court of Sessions - Complainant is required to produce and examine all of his witnesses - Summoning of witnesses by examining some of the witnesses - Revisional Court set aside the order by holding that mandatory and necessary procedural formalities not followed by Magistrate..........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Where Magistrate recorded the statement of complainant and his/her witnesses, he is not precluded to seek investigation report u/s 202(1) Cr.P.C. in order to arrive at the decision for purpose of summoning of accused or otherwise...........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Investigation report u/s 202(1) Cr.P.C. alone cannot be made a basis for disposal of complaint - Object of said investigation is to enable the Magistrate to scrutinize carefully the allegations made in complaint - Inquiry/investigation u/s 202 Cr.P.C., thus, not a futile exercise and has to be..........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Issuance of process - Magistrate not bound to set into criminal law in motion simply because petitioner has made the statement and has produced her evidence - Still Magistrate was required to apply his judicial mind to facts of case and material available on record...........
Criminal Procedure Code, 1973, Section 190(1)(a), 202, 204 -- Complaint - Issue of process - Application of mind - In the instant case summoning order passed by stating "Perused the complaint and the statements recorded...." - Held, there is no indication on the application of mind by Magistrate in taking cognizance and issuing process - Contention that application of mind..........
