Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint not filed by authorised person - Quashing of complaint - Complaint cannot be quashed simply because the authorization was not proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques do not bear the signatures of accused - It is a matter to be seen after trial and cannot be adjudicated at this stage - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques do not bear the signatures of accused - It is a matter to be seen after trial and cannot be adjudicated at this stage - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Necessity and desirability of invocation of power u/s 91 Cr.P.C would have to be judged commensurate with the stage or point of time it is exercised...........
Criminal Procedure Code, 1973, Section 91 -- Summoning of documents - Allegations of petitioner are not focused on any desirability or necessity of requiring the documents sought to be summoned - Petitioner is thus, not entitled to invoke S.91 Cr.P.C. at this stage - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 317 -- Splitting of trials - Presence of some of the accused could not be procured - Order splitting of trial quashed as Magistrate was not satisfied that police have made sufficient efforts to procure the presence of all the accused and secondly further investigation of case has already been ordered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed questions involved in the matter with regard to payment of amount with respect to cheque in question - However, date of return memo of cheque whether it is within time or not and amount in question was required to..........
Criminal Procedure Code, 1973, Section 125 -- Second application for maintenance - Order of granting maintenance to wife in first maintenance case does not alter its nature merely because parties have resumed cohabitation - It is still operative - Subsequent application seeking maintenance u/s 125 Cr.P.C held, not maintainable...........
Criminal Procedure Code, 1973, Section 125, 127 -- Second application for maintenance - Wife sought enhancement of maintenance granted in first application for maintenance, as it was based on compromise between parties - Though second application for maintenance is not maintainable, but under facts and circumstances of case, second application for maintenance u/s 125..........
Criminal Procedure Code, 1973, Section 356, 401 -- Complaint - Dismissal in default - When said order is challenged in a revision then persons who are arraigned as accused in the complaint have a right to be heard in such a revision petition...........
