Criminal Procedure Code, 1973, Section 200, 202 -- Summoning of accused - Standard of proof and judgment which is to be applied finally before finding accused guilty or otherwise is not exactly to be applied at the stage of framing charges - A fortioti at the stage of Ss.202, 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint - Enquiry - Statement of complainant recorded - Complaint dismissed - No reason recorded as to why eight witnesses specially named not examined - High Court remanded the case - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of Cheque - Trial Court acquitted accused after closure of examination-in-chief of complainant two opportunities were given and complainant has not tendered himself for cross-examination - Complaint remanded back with giving one more opportunity with cost of Rs.5,000/-..........
Criminal Procedure Code, 1973, Section 200 -- Issuance of process - Inquiry while issuing process is extremely limited only to ascertain truth or falsehood of allegations made in the complaint based on material on record - Defence of accused need not be gone into at this stage...........
Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 499, 500 -- Issuance of process - Defamation - Magistrate has passed detailed order recording prima facie satisfaction that allegations in the newspaper would fall within expression of defamation u/s 499 IPC - To determine whether imputations are sufficient to attract provisions of S.499 IPC, a..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Police submitted detailed Negative final report - Where detailed negative final report is submitted, it becomes imperative upon Magistrate before taking cognizance of offence and issuance of process, to show his disagreement with conclusion of I.O. and it should be mentioned in clear terms in the..........
Criminal Procedure Code, 1973, Section 482, 200, 202 -- Summoning order - Magistrate while summoning accused did not take into consideration the fact that Doctor has not deposed before Court that alleged injury caused to injured was an injury by fire arm, nor there is any document to prove the injury by fire arm - Rivalry dispute going on between parties has not taken into..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through duly constituted attorney of bank - Statement of attorney as required u/s 200 Cr.P.C. not recorded - However, sufficient material on record viz. cheque in question, memo of dishonour, demand notice and receipt depicting issuance of..........
Criminal Procedure Code, 1973, Section 190, 200 -- Cognizance of offence - Summoning of additional accused - Magistrate initially taken the cognizance of offence - It cannot be said that Magistrate had played a passive role while committing case to Court of Session - In such scenario proceeding with regard to issuance of summons to other persons, involved in the crime has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 482 -- Dishonour of cheque - Application for amendment of title of complaint by inserting name of company - Cheque was issued by the accused in the name of company and cheque was issued to discharge liability towards company - Amendment if granted, would only help court to arrive..........
