Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
Criminal Procedure Code, 1973, Section 156(3), 190, 200 -- Application u/s 156 Cr.P.C. on the ground that complainant went to police station to lode a report but her report was not lodged - Application dismissed - Revision against - Information to police regarding commission of cognizable offence, if given, to a police officer but no action is taken then remedy is to file..........
Criminal Procedure Code, 1973, Section 200 -- Affidavit - Not substitute of sworn statement on oath - Recording of sworn statement of complainant and his witnesses before taking cognizance is mandatory - Cognizance taken on the basis of Affidavit, held, not proper - Proceedings from the stage of S.200 Cr.P.C. set aside and Magistrate directed to follow the procedure..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202 -- Complaint - Magistrate has two options: he may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. and succeeding sections in Chapter XV Cr.P.C. or may instead of proceeding under chapter XV, order investigation u/s 156(3) Cr.P.C. - It is duty of Court to protect interest of accused while forwarding..........
Criminal Procedure Code, 1973, Section 156(3), 200, 202, Indian Penal Code, 1860, Section 376, 406 -- Complaint - Offence u/ss 376 & 406 IPC - Magistrate may either apply his mind for purpose of proceeding u/s 200 Cr.P.C. or order investigation u/s 156(3) Cr.P.C. - If for any reason complainant wants herself to be examined by a lady doctor then Magistrate can order her..........
Criminal Procedure Code, 1973, Section 200 -- A petition with a mere request for forwarding it to police for investigation is not maintainable as it is something within the discretion of Magistrate - Complainant cannot insist for forwarding the matter to police...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence on the basis of affidavit - It is open to Magistrate to rely upon verification in the form of affidavit filed by complainant in support of his complaint - Magistrate is neither mandatorily obliged to call upon complainant to remain..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 193, 194, 195, 196, 200 -- Offence punishable u/ss 193 to 196 and 200 IPC - Cognizance can be taken only upon a complaint in writing, by Court before whom such false evidence has been given, or by an officer of such Court - FIR is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 142, 145, Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Summoning of accused - It is open to Magistrate to issue process on the basis of contents of the complaint, documents in support thereof and affidavit submitted by complainant in support of complaint...........
Criminal Procedure Code, 1973, Section 200, 201, 202, 203, 204 -- Issue of process or summons - Order is intermediary or quasi final in nature and not interlocutory in nature - Aggrieved party has remedy of revision either in High Court or District Court...........
