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Search Results for "summoning Magistrate"

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Supreme Court

Supreme Court Quashes Criminal Proceedings Against Corporate Official in Dispute Over Purchase Order Rates. The Court held that allegations of non-payment in a commercial transaction, involving rate revisions for supply of dissolved acetylene gas, did not constitute offences under Sections 406, 504, 506 IPC and were purely civil in nature, warranting quashing under Section 482 CrPC to prevent abuse of process.

30 Jan 2024

The Supreme Court heard an appeal against the Allahabad High Court's dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973...

High Court

Bombay High Court Allows Compounding of NI Act Offence Despite Rejection by Magistrate — Full Payment of Cheque Amount Entities Accused to Compounding. The court held that once the cheque amount is paid, the Magistrate must permit compounding under Section 138 of the Negotiable Instruments Act, 1881, following the guidelines in Damodar S. Prabhu.

29 Nov 2023

The applicants, who were accused nos. 4, 5, 7, 8, 10, and 11 in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by M/s MP...

High Court

High Court of Karnataka Quashes Cognizance Orders in Dishonour of Cheque Cases Due to Lack of Proper Service of Demand Notice. The court held that when a demand notice sent by registered post is returned as 'unclaimed', the complainant must prove deliberate avoidance by the accused to sustain cognizance under Section 138 of the Negotiable Instruments Act, 1881.

21 Sep 2022

The petitioner, Sri H.N. Nagaraj, filed multiple criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash orders...

Supreme Court

Supreme Court Allows Summoning of Foreign Doctor as Witness in Dowry Death Case — Emphasizes That Evidence Essential for Just Decision Cannot Be Denied on Ground of Delay. The court held that Section 311 CrPC empowers the court to summon any person if his evidence appears essential to the just decision of the case, and the Trial Court's rejection on ground of delay was not judicious.

16 Apr 2019

The appellant, mother of the deceased, sought to summon Dr. I. Yusuf, who conducted the first post-mortem in Nigeria, as a witness under Section 311 C...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Process in Forgery Case — High Court Exceeded Jurisdiction by Evaluating Merits at Summoning Stage. Criminal proceedings cannot be quashed merely because allegations appear civil if ingredients of offence are prima facie made out.

12 Feb 2019

The appellant, Sau. Kamal Shivaji Pokarnekar, filed a criminal complaint alleging that the respondents committed forgery and prepared false documents,...

High Court

Bombay High Court Dismisses Petition Challenging Discharge of Police Officer in Defamation Case for Lack of Sanction Under Section 197 CrPC. Alleged False Implication in Death Investigation Requires Sanction as Acts Were in Discharge of Official Duty.

11 Jun 2018

The case arises from a criminal writ petition filed by Pratapsinha Belode challenging the order of the Judicial Magistrate First Class, Warud, dischar...

High Court

Karnataka High Court Dismisses Writ Appeal in Private Complaint Case Against Air Force Personnel — Proceedings Quashed for Lack of Sanction Under Section 124 of the Air Force Act, 1950. Altercation Over Vehicle Use at Air Force Station Held to Be in Discharge of Official Duty, Requiring Mandatory Sanction Before Cognizance.

4 Dec 2015

The appellant, a retired Sergeant from the Indian Air Force, filed a private complaint against the 1st respondent, a serving Warrant Officer, alleging...

High Court

High Court Quashes Process Against Accused in Private Complaint for Non-Compliance with Section 202 Cr.P.C. — Mandatory Enquiry Required Before Issuing Process Against Residents Outside Jurisdiction.

20 Mar 2014

The applicants, Damodar Prasad Maheshwari (Somani) and Dr. Santosh Damodar Prasad Maheshwari (Somani), were original accused Nos. 1 and 3 in R.C.C. No...

High Court

Bombay High Court at Goa Quashes Summoning of Directors Under Section 319 CrPC in Cheque Dishonour Case. Directors Cannot Be Summoned Under Section 141 NI Act Without Specific Allegations of Their Role in Company Affairs.

22 Oct 2012

The case involves three criminal writ petitions filed by directors of a company challenging the order of the Judicial Magistrate First Class, Margao, ...

High Court

Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Sole Eyewitness Testimony. Conviction under Section 302 read with 34 IPC set aside as evidence of sole eyewitness was inconsistent and uncorroborated.

5 Mar 2010

The case involves an appeal against conviction under Section 302 read with 34 IPC for murder. The prosecution case relied heavily on the testimony of ...

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