Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 202, 200 -- Dishonour of cheque - Complaint - Summoning order - Recall - Magistrate has no jurisdiction to recall its own summoning order...........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Second complaint - On same cause of action and between the same parties - Earlier complaint dismissed for failure to put in process fee for effecting service - Held, second complaint is maintainable...........
Criminal Procedure Code, 1973, Section 200, 204, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Issue of process - Complaint for offence u/ss 138 & 141 mentioning necessary averments - However, no, mentioning of necessary ingredients in pre-summoning statement u/s 200 Cr.P.C. - Effect thereof - Held, accused could not be discharged...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Complaint - Recording of sworn statement - Meaning thereof - Held, recording of sworn statement means, the statement of complainant to be recorded by Magistrate not by way of an affidavit - Affidavit does not partake character of sworn statement - Object..........
Criminal Procedure Code, 1973, Section 200, 204 -- Complaint against Branch Manager of Bank who is alleged to be responsible for the commission of the offence by tearing the portion of cheque bearing drawer's signature - Name of branch manager not given who is responsible for the commission of the offence - In absence of name, Branch Manager cannot be an accused...........
Criminal Procedure Code, 1973, Section 199, 200 -- Second complaint during pendency of first complaint - Offence of forgery came to knowledge of complainant after filing of the first complaint - Second complaint to be restricted only to that extent - Complainant directed to file an amended complaint...........
Criminal Procedure Code, 1973, Section 200, 482, Indian Penal Code, 1860, Section 420, 34 -- Complaint - Conspiracy to put society and its members to a great loss - Allotment of plot to a person not entitled thereto - Report of Joint Registrar Co-operative Societies that actual consideration is Rs.28 lacs whereas it is shown as Rs.10 lacs - Report whether can be relied..........
Criminal Procedure Code, 1973, Section 200, 202 -- Jurisdiction and power of revisional Court - Straightway issuance of summons - Rejection of prayer for ordering investigation - Revisional Court could not and ought not to have straightaway ordered issuance of summons to accused persons - Even the initial order by the magistrate to hold inquiry u/s.202(2) Cr.P.C. without..........
Criminal Procedure Code, 1973, Section 200, 203 -- Recall of summoning order - Court has jurisdiction to recall order of cognizance on the application filed by accused who appears after service of summons...........
Criminal Procedure Code, 1973, Section 190, 200 -- Second complaint - On same fact - Can be entertained only in exceptional circumstances i.e. where the previous order was passed on incomplete record or misunderstanding of the nature of the complaint or it was manifestly absurd, unjust or where new facts which could not, with reasonable diligence, have been brought on..........
