Criminal Procedure Code, 1973, Section 245(1) -- Application u/s 245(1) Cr.P.C. is maintainable after recording of evidence u/s 244 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374, 378, 372 -- Dishonour of cheque - Appeal against acquittal - Complainant can approach High Court taking recourse to provision of S.378(4) of Cr.P.C. - Appeal preferred by complainant before Sessions Judge taking recourse to proviso to S.372 of Cr.P.C. will not be maintainable - But,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C. - Previous incident is not sine quo non for initiating proceedings u/s 107 Cr.P.C. - Likelihood of a breach of peace by itself is enough for Magistrate to initiate proceedings u/s 107 Cr.P.C...........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C. - Can be initiated even before an incident that is likely to disturb peace or pubic tranquility takes place, provided that Executive Magistrate has information based on which he is of opinion that there is sufficient ground for proceeding...........
Criminal Procedure Code, 1973, Section 111, 107 -- Order u/s 111 Cr.P.C. - Law does not contemplate any preliminary enquiry u/s 111 Cr.P.C. to find out truth of information - Question of finding out truth of information will come only during course of enquiry u/s 116 Cr.P.C...........
Criminal Procedure Code, 1973 -- Show cause order - Order u/s 111 Cr.P.C merely mandates Executive Magistrate to give substance of information that had led to form an opinion to initiate proceedings u/s 107 Cr.P.C. - Said provision does not contemplate that Magistrate should record his opinion or give reasons for initiating proceedings, as S.107 r/w S.111 Cr.P.C. is not..........
Criminal Procedure Code, 1973 -- Show cause order - Judicial Review - Order u/s 111 Cr.P.C is only an interlocutory order, as it does not determine rights of parties - It is not a final order, thus, not revisable u/s 397 Cr.P.C. - Judicial review of order passed u/s 111 Cr.P.C is also very limited and can be subjected to review u/s 482 Cr.P.C. and Art.226 of Constitution,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Person named in FIR but not charge sheeted by police can be summoned as accused in exercise of power u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Power u/s 319 Cr.P.C. - Power is discretionary and it should be exercised in order to achieve criminal justice...........
