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Judgement |
| CODE OF CRIMINAL PROCEDURE, 1973 |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Interpretation of Statute — CrPC — S 2(d) — ‘Complaint’ — Interpretation of — Complaint means any allegation made orally or in writing to a Magistrate — with a view to taking his action against a person who has committed an offence— Commission of an offence is a sine qua non for filing a complaint and for taking cognizance of such offence. (Para 36) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 91 — Summons to produce document or other thing — Scope — Sec. 91(1) provides that — whenever any Court or any officer in charge of a police station — considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under CrPC — by or before such Court or officer— such Court may issue a summons, or such officer a written order— to the person in whose possession or power such document or thing is believed to be— requiring him to attend & produce it, or to produce it, at the time & place stated in the summons or order— In a pending proceeding, JMFC can direct production of document for inquiry/trial at any stage— Even the Police Officer can invoke Section 91, if it is necessary for production of document at any stage. (Para 12) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 91 — Summons to produce document or other thing — Limitation — Before taking cognizance, accused cannot be directed to produce the documents. (Para 15) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 173 — Investigating agency — Duty of — Held, the investigating agency is required to collect evidence (investigate) & place the same before the Court. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 190 — Cognizance by Court —Held, Taking cognizance of an offence by the Court is one of the initial steps in the process. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 311 — Power to summon material witness or examine person present — Request by complainant to produce documents through witnesses — Held, if the complainant is not allowed to produce those documents, a prejudice would be caused to him — the accused would get an opportunity to cross examine the witnesses at length & no prejudice would be caused to the accused—NI Act — S 138. (Para 14) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 311 — Power to summon material witness or examine person present — Ambit — Held, the section does not prevent the Court to summon or even recall the witness— NI Act — S 138. (Para 15) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 431, 357(3) &421(1) — IPC — S 70 — so long as compensation has been directed to be paid (albeit under Section 357(3), Section 431, Section 70 IPC and Section 421(1) — proviso would make it clear that by a legal fiction, even though a default sentence has been suffered— yet, compensation would be recoverable in the manner provided under Section 421(1). (Para 27) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 431 — Legal fiction created by — Object of — is to extend for the purpose of recovery of compensation until such recovery is completed — this would necessarily take not only to Section 421, Cr.P.C. but also to the companion criminal statute Sec. 70, IPC. (Para 29) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 431 — IPC — S 64 — Deeming fiction — Held, deeming fiction of Section 431 also extends to Section 64, IPC. (Para 27) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 431 & 421(1) — Deeming provision — Scope — Held, the deeming provision in Sec. 431 will apply to Section 421(1) as well — despite the fact that the last part of the proviso to Section 421(1) makes a reference only to an order for payment of expenses or compensation out of a fine, which would necessarily refer only to Section 357(1) & not 357(3). (Para 27) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S — 482 — Inherent power of the High Court — Issuance of cheque in pursuance of the agreement to sell — Dishonour — defence of accused — dispute regarding a clause in agreement — Held, cannot be the subject matter of a proceeding u/s 482 and is a matter to be determined on the basis of the evidence which may be adduced at the trial. (Para 14) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 482 —Inherent power of the High Court — Held, the High Court must exercise its power u/s 482 — when it is convinced, from the material on record, that allowing the proceedings to continue would be an abuse of process of the Court. (Para 9) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — S 482 — Inherent power of the High Court — Standard of proof — No evidence of unimpeachable quality brought on record by the respondents to indicate that allowing the proceedings to continue would be an abuse of process of the court — Order of quashing set aside. (Para 10) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Pleading & Drafting — CrPC — S 482 — NI Act — S 138 — Complaint under — Specific averments by the complainant — that the respondents were actively participating in the day-today affairs of the accused company— the accused were from the same family & running the accused company together— Specific averment that all the accused, in active connivance, mischievously and intentionally issued the cheques and later issued instructions to the Bank to "Stop Payment"— Order of quashing set aside. (Para 10) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Code of Criminal Procedure, 1973 — Duty of Investigating Agencies — Imposition of — The CrPC imposes a duty on the investigating agencies to gather evidence necessary to establish the occurrence of a crime — & to trace out the perpetrators of the crime in order to get them punished. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
Code of Criminal Procedure, 1973 — Investigation — Investigating agencies — Duty of — Held, any investigating agency is bound to investigate by following the procedure prescribed in CrPC — once it receives either information regarding the commission of a cognizable offence — or an order from a Magistrate — to investigate into the allegation of the occurrence of a non-cognizable offence & submit a report under Section 173. (Para 22) |
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| CODE OF CRIMINAL PROCEDURE, 1973 |
CrPC — Ss 397 r/w 401 — NI Act — Ss 138 & 142 — Conviction by Court below — Matter amicably settled between parties — Nature of dispute — private nature — Held, further continuance of the proceedings would amount to abuse of process of law and hence — Orders of Courts below quashed & set aside. (Para 8) |
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