Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - Dismissal in default - Second complaint on same allegations - Held, in the absence of dismissal of a complaint on merits, there is no bar for filing even a second complaint on the same set of facts and allegations...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - 13 days delay - Supported by an affidavit - Court should take a reasonable view in condoning the delay - Delay can be condoned in the interest of justice having regard to the nature of transaction and the amount involved and also having regard to the..........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Can take place even prior to filing of complaint/FIR and cognizance being taken by Court - It can be at any time after commission of offence...........
Criminal Procedure Code, 1973, Section 482, 320 -- Compounding of offence - Quashing of complaint - Parties can approach High Court when prayers before police and Magistrate do not fructify or bear the requisite results...........
Criminal Procedure Code, 1973, Section 200 -- Examination of complainant by way of affidavit - Not permissible - Held, when a specific procedure is contemplated u/s 200 of Cr.P.C., it cannot be deviated by adopting some other procedure which is not prescribed, even though it may be convenient to complainant - Purpose of recording substance of sworn statement by Magistrate..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Beneficiary - Insurance claim - Policy taken by respondent No. 2 for entire contract awarded - Appellant-complainant was having a sub-contract placed on them by respondent No. 2 - Deluge valves stolen from the store of appellant - Stand of respondent No.2 that it did not have any objection to the payment of..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Application for transfer of case allowed by trial court - Application filed u/s 401 r/w S.482 thereagainst - Earlier revision application was dismissed for default and, as such, there was no discussion on points involved on merits - Present application has been filed u/s 401 r/w S.482 - Held,..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint - Pre-mature complaint - Cause of action arises only after expiry of 15 days of service of notice - In instant case, Magistrate taken cognizance before arising of cause of action - Cognizance and complaint illegal - Complaint..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint - Time-barred complaint - Magistrate taking cognizance of complaint beyond time for one of the cheques - Cognizance not legal as per S.142(b) of the Act - Complaint quashed...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, 6, Criminal Procedure Code, 1973, Section 473, 468 -- Matrimonial offences - Time barred complaint - Court should be liberal in extending period of limitation in matrimonial offences...........
