Criminal Procedure Code, 1973, Section 91, 311 -- Summoning to produce documents such as bank statement of accused - Application rejected on the ground that complainant should obtain these documents through RTI - Application under RTI Act was rejected by Bank - Documents in question necessary to prove case of complainant - No prejudice will be caused to accused due to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of examination-in-chief of witness only and need not wait for cross-examination etc. - Test for summoning of accused u/s 319 Cr.P.C are same as applicable for framing charge...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C can be exercised by Court against a person not named in FIR or no charge sheet is filed by police against him...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C should not be exercised merely on statement of complainant or witnesses who have reiterated their statements recorded u/s 161 Cr.P.C during course of investigation, which I.O did not find credible and cogent on basis of evidence collected by him...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court while summoning petitioner has not considered overwhelming evidence collected by I.O during course of investigation which would demonstrate that petitioner was not present at the time and place of occurrence - Impugned order of summoning of petitioner is unsustainable and against..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - If any extraneous material forms part of consideration of Magistrate of Court concerned as incentive for taking cognizance and issuing summons in such matter, then entire proceeding is vitiated and summoning order cannot be sustained in the eye of law...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Rejection of final report - Magistrate while rejecting final report and allowing protest petition, travelled beyond material so collected by I.O and placed reliance on two affidavits filed in support of protest petition, that vitiates entire proceedings - Summoning order passed by Magistrate quashed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused can be summoned on basis of even examination-in-chief of witness and Court need not wait till his cross-examination - If on basis of examination-in-chief of witness Court is satisfied that there is a prima facie case against proposed accused, Court may in exercise of powers u/s 319..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 323, 324, 326, 341, 149 IPC - Injured eye witness who was the first informant, disclosed the names of private respondents and specifically named them in the FIR - But on the basis of some enquiry by DSP they were not charge sheeted - However, it is not that I.O did not find case..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheques - Offence by company - Vicarious liability - Allegation against Director of company - Merely because accused did not sign cheques in question, is not decisive for launching prosecution against him, particularly when there was no specific denial about role attributed to accused in negotiations and..........
