Negotiable Instruments Act, 1881, Section 138, 143(1), Criminal Procedure Code, 1973, Section 326, 260(2) - - Dishonour of cheque - Trial - Held, when trial not likely to be concluded within six months, Magistrate should record his opinion that trial of case by summary procedure is not desirable and that case to be tried as summons case, in which event legal hurdle u/s.326..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint be tried as summary trial and in a summary trial sentence cannot exceed one year - When it appears that sentence may exceed one year then complaint can be tried as a summons case - Decision to try complaint as summons case can be taken after hearing parties at the commencement or during..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Witnesses - Summoning of - Diet money and process fee deposited - Witness refused to accept summons - Court to use coercive steps for procuring the attendance of the said witness and not that party should produce witness at his own responsibility - Held, Court to ensure the issuance of process against the defaulting..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If summons not served then Court is not obliged to give any reasons other than that aspect - However, if case is that summons were not duly served and emphasis is on service and equally there is a sufficient cause which prevented the defendant from appearing then Court has to consider that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Non service of summons - Substituted service - Observation of trial Court with regard to validity of service of summons not based on record - There is absolutely no application of mind on the part of trial Court - There is complete non application..........
Criminal Procedure Code, 1973, Section 482, Evidence Act, 1872, Section 25 -- Quashing of FIR - FIR lodged on basis of statement of co-accused to police that accused was involved in offences u/ss.307, 120B of IPC and 25(1) of Arms Act during investigation of other offence - FIR sought to be quashed on the ground that such statement of co-accused is inadmissible in evidence..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication in a newspaper - Order as to issuance of summons to defendant on new address - Order not complied with - On a request substituted service allowed in a causal manner - Before ordering substituted service, Court should resort to procedure laid down in O.5.R.17 CPC and when after resorting the..........
Civil Procedure Code, 1908, Order 5, Rule 11 -- More than one defendants - Service of summons on some of the defendants - Other defendants cannot be taken to be served with summons - There is no presumption that if one defendant is served the other defendants should be deemed to have been served...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Acting on the substance recorded by predecessor - Not permissible - But only when case was tried as a summary trial and not when procedure followed was of a summons case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Legality - Cheques issued by borrower in Factoring Agreement got dishonoured - Prima facie, same were towards petitioners' liability which was co-extensive with debtor - At this stage, it cannot be said that cheques issued by petitioners were only towards security - Held,..........
