Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Magistrate is required to apply its mind as to whether sufficient ground for proceeding exists in the case or not - Formation of such an opinion is required to be stated in the order itself - Order though need not contain detailed reasons but order is liable to be set aside if no reasons are given therein..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Issuance of cheque towards time barred debt - It is a matter of evidence - Not to be adjudicated in an application filed u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process must be preceded by an application of judicial mind to material before Court to determine if there is ground for proceedings against accused - When allegations made in complaint are found to be too vague and general without giving any material particulars of the offence alleged against accused then order of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition (c) restraining applicant from entering into Districts of Bellary in Karnataka and District of Ananthapuram in Cuddapah in AP - Modification of condition - Investigation was carried out by CBI - Most of the witnesses are from said Districts - There is serious apprehension on part of CBI that if..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Convenience of accused - Convenience of accused alone cannot be a criteria for the same - Convenience of accused cannot outweigh convenience of victim as well as police officers who are to handle the case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Safety concerns raised by accused, alone cannot be reason to allow transfer as sought for by accused...........
Indian Penal Code, 1860, Section 498A, 323, 504, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Matrimonial dispute - When matter has been settled by both the spouses and relatives, possibility of conviction is remote and bleak and notwithstanding the fact that offence u/s 498-A IPC is a non-compoundable offence, there should be no..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Order of acquittal cannot be passed in every case for non-appearance of complainant on each and every date of hearing...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal - Drafting of appeal memo lacking some ingredients - Not a ground to dismiss appeal...........
