Criminal Procedure Code, 1973, Section 468, Standards of Weights and Measures Act (Enforcement) Act, 1985, Section 22,45,56 -- Bar of limitation - Offence committed u/ss 22, 45 & 56 of Act of 1985 in the years 2004 to 2009 - Complaint against filed in 2011 - Limitation period prescribed is one year for such offence - Complaint quashed being barred by limitation...........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Criminal Procedure Code, 1973, Section 2(d) -- Police report when can be treated as complaint - Held, when in investigating a case containing allegation about commission of cognizable offence, police encounters only with fact(s) relatable to no, cognizance offence, then police report so made after such an investigation would be treated as complaint...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 499, 500, 501, 502, 34, 5, 7 - - Defamation - Quashing of complaint - Prosecution of Chairperson and Managing Director of publication company - No specific averments in complaint against them - Allegations made by complainant are prima facie vague and based on presumptions - Held, in absence of..........
Criminal Procedure Code, 1973, Section 482, 483 -- Quashment of complaint filed u/ss 182 & 2011 IPC - Petitioner earlier lodged complaint - Later on, compromised and filed application for withdrawal of complaint - Police relying on said application filed final report - Final Report accepted by Court - No action taken against petitioner u/ss 182 & 211 IPC therein - No..........
Criminal Procedure Code, 1973, Section 199, Indian Penal Code, 1860, Section 499 -- Complaint of defamation - Locus standi to file - Held, in respect of offence of defamation, S.199 Cr.P.C. mandates that Magistrate can take cognizance of offence only upon receiving a complaint by a person who is aggrieved - This limitation on power to take cognizance of defamation serves..........
Criminal Procedure Code, 1973, Section 199, Indian Penal Code, 1860, Section 499 -- Complaint of defamation - Locus standi to file - 'Shri Jawaharlal Nehru did nothing for children' - Statement made by Gujarat Chief Minister - Not an attack on reputation of anyone in particular - Remarks are general in nature - Complainant cannot be said to be `aggrieved person' to file..........
Criminal Procedure Code, 1973, Section 482 -- Power of High Court u/s 482 Cr.P.C. - Scope of - Held, inherent powers vested in High Court u/s 482 of the Code are very wide - Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised sparingly with circumspection..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Private complaint - Order taking cognizance and issuing process in complaint filed u/s.138 of the Act on basis of examination of complainant on affidavit in terms of S.145 (1) of the Act - Legality - Held, no illegality in impugned order taking..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant has proved beyond doubt that there was loan transaction between parties and applicant/accused gave cheque of Rs.1,50,000/- which got dishonoured - Notice of payment was given and thereafter, criminal complaint was lodged within time - Held, trial Court as well as..........