Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust and cheating - Require mens rea - Cannot be committed by a juristic person...........
Criminal Procedure Code, 1973, Section 482 -- Issuing process - Quashing - At this stage not permissible to go into truthfulness or otherwise of the allegations in the complaint - The only scrutiny that is permissible is as to whether after reading the complaint as a whole and taking the averments on its face value and accepting them in entirety whether the ingredients to..........
Criminal Procedure Code, 1973, Section Ss.107, 116(3) -- Proceedings u/s 107 Cr.P.C. - No surety/security or personal bond is required to be furnished under an interim order u/s 116(3) of the Code...........
Criminal Procedure Code, 1973 -- Chapter VIII - Proceedings under Chapter VIII - Party against whom proceedings are initiated is entitled to receive copy of order - Practice of passing order in printed form and not furnishing certified copy of order to the person or his advocate deprecated...........
Criminal Procedure Code, 1973 -- Chapter VIII - Police Officers vested with powers of Special Executive Magistrate/Executive Magistrate to conduct proceedings under Chapter VIII of the Code - Direction issued to State to take steps to protect fundamental rights so that life and personal liberty of a citizen is not trampled by such police officers...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence - Appellate Court has power to direct payment of compensation, in whole or any part thereof, awarded by Magistrate as a condition precedent for suspending substantive sentence...........
Criminal Procedure Code, 1973, Section 200, 156(3), 2(d) -- Complaint - Absence of prayer to take action or to punish accused according to law - Does not affect the legality and validity of the complaint...........
Criminal Procedure Code, 1973, Section 200, 156 -- Forgery - All facts constituting offence of forgery given - Complaint cannot be said to be defective...........
Criminal Procedure Code, 1973, Section 195 -- Forgery - Cognizance taken by Magistrate - Plea that if any document before Court was forged one, or forgery was committed in respect of any document before Court, then no complaint could be filed excepting upon complaint in writing by that Court - Not a case of complainant that forgery in respect of said document was committed..........
Criminal Procedure Code, 1973, Section 156(3) -- Forgery - Complaint - Plea that it is not permissible to file complaint in respect of cognizable offence without approaching the police - Plea rejected...........
