Court : Madhya Pradesh
Reported in : I(2007)BC525; 2006CriLJ1988; 2006(1)MPLJ194
..... the complainant in his complaints, as well as statements recorded under section 200 of the code of criminal procedure (for short, 'the code') has not disclosed as to against which liability or debt, the cheque was issued in his favour by the applicant: the applicant herein, filed an application under section 91 of the code seeking direction before the trial court for production of documents by the non applicant/complainant regarding transaction concerning with the cheques issued by the ..... offence is of simple and not complicated that is why statute, prior to 6-2-2003 has prescribed the procedure of summons trial and after amendment by act no. ..... submissions of the learned counsel for the appellant it would be apt to consider the aims and object of the ni act which are as follows:the negotiable instruments act 1981 (for short 'the act') amended by the banking financial institutions and negotiable instrument laws (amendment) act, 1988, wherein a new chapter xvii was incorporated by act no. ..... further amendment in the act by the negotiable instrument (amendment and miscellaneous provisions) act, 2002 (act no ..... evidence act, 1891 and information technology act, 2000 have also been amended by the act no. ..... , the act has been amended by the act no. ..... the amendment in the act are aimed inter alia at early disposal of cases relating to dishonour of cheques, enhancing punishment for offenders, introducing electronic image of a truncated cheque and cheque in an electronic form as well as exempting .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002CriLJ335; 2001(3)MPHT375; 2001(3)MPLJ414
..... this is an application under section 438 of the code of criminal procedure, 1973 (hereinafter to be referred to as 'the code') for anticipatory bail. ..... by the amending act (act no. ..... section 10a of the act inserted by the amending act (no. ..... it was not brought to the notice of the bench that by an amendment made in 1974 the work 'bailable' was deleted from section 10a of the act and therefore the schedule i - part ii to the code should be referred to for determining the question whether the offence punishable under the act is bailable or non-bailable. ..... , the arguments mainly centred round the point whether the amendment which was made in 1981 to section 10a of the act and which was extended from time to time still subsists ..... it was assumed that once it is shown that the amendment made in 1981 ceased to remain in force the offence would become ..... tracing the steps taken to renew the life of 1981 amendment it has been held that it has lapsed. ..... as the amendment which was incorporated in 1981 has come to an end by efflux of time, the words 'and non-bailable' in section 10a of the act stand deleted. ..... amendment was not a permanent feature of the act. ..... effect of the deletion of these words from section 10a was that there remained no specific provision in the act on the point whether the offences punishable under it are bailable or non- bailable. ..... the said amendment ultimately lapsed after the expiry of the period of the essential commodities (amendment) ordinance, 1998 which was promulgated on 25-4- .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP276; 1963CriLJ375; 1963MPLJ420
..... he distinguished the decision in air 1951 nag 471 (supra) by pointing out that it was given before the criminal procedure code was amended in 1956 and that the addition of the words 'or suspected of the commission' in section 497 by the criminal procedure code (amendment) act (no, 26 of 1955) had the effect of widening the powers of the court in the matter of grant of bail and made it very clear that anticipatory bail could be granted to a person who had not been actually arrested ..... of a person in court, even if voluntary, could not give any power to the court to grant bail to the person in anticipation of arrest; and that the words 'or suspected of the commission of' inserted in section 497 by the amending act of 1955 did not in any way override the meaning of the word 'bail' and 'enlarge the power of the court in the matter of grant of bail and the words 'in any case' end 'any person' used ..... (supra) is not correct and that the weight of authority of the decision in air 1951 nag 471 is in no way lessened or affected by the insertion of the words 'or suspected of the commission of' in section 497 by the amendment act no. ..... of the woras 'or suspected of the commission of' in section 497 by the amending act no. ..... but in section 497 of the code before the amendment both the situations, in one case the accused himself appearing in court and in another being in custody he is brought before the 'court, were envisaged by the use of two separate expressions; (i) 'appears' and (it) 'or is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(0)MPLJ265
..... i have also heard the learned counsel appearing for the state who has submitted before me that the provisions of section 327 of the code of criminal procedure, particularly the two provisos to sub-sections (1) and (2) of the said section, confer discretion on the trial judge not to permit appearance of any 'particular person', may be he is a lawyer, if the accused is already represented by another ..... the intention behind introduction of sub-section (2) to section 327, criminal procedure code by amendment, clearly appears to be that the prosecutrix or victim of sexual offences is not embarrassed or feel intimidated while deposing in ..... (2) of section 327, criminal procedure code has been introduced by the amendment act no. ..... the learned counsel appearing for the appellant argues that the provisions of section 327 of the criminal procedure code do not permit the learned trial judge to exclude appearance of lawyers or legal practitioners engaged by the accused whatsoever be their ..... any construction, therefore, to be placed on sub-section (2) of section 327, criminal procedure code should be such as to effectuate and fulfil the subject of holding trial in camera in the cases of sexual offenes against ..... in my considered opinion, proviso to sub-section (2) of section 327, criminal procedure code, by implication, confers power and discretion on the presiding judge to allow or restrict appearance of any particular person, may be he is an additional lawyer engaged by the accused person in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993CriLJ2821
..... state of andhra pradesh, while interpreting sections 173(4), 207a(3) and 537 of the code of criminal procedure it has been held that the provisions of section 173(4) and section 207a(3) are not mandatory. ..... ' 'the provisions contained in section 173(4) and section 207a(3) have been introduced by the amending act of 1955, in order to simplify the procedure in respect of inquiries leading up to a sessions trial, and at the same time, to safeguard the interests of accused persons by enjoining upon police officers concerned and magistrates before whom such proceedings are brought, to see that all ..... it was held that at page 1323:--'in order to simplify commitment proceedings preceding the trial of accused persons by a court of session, section 207a was added by way of amendment of the code in 1955. ..... magistrate before whom the committal proceedings had pended has caused prejudice to the accused in the interest of justice, the court may re-open the proceedings by insisting upon full compliance with the provisions of the code.'12. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1955CriLJ959
..... criminal procedure code amendment act extended the application of criminal procedure code to part b states. ..... civil procedure code amendment act, 1950 extended the application of civil procedure code, 1908 to part b states and in 1951 several central acts were extended to part b states by what is known as part b states extension of laws act of 1951.45. ..... 24 of 1948 (which will be called 'the central act' hereinafter), there is nothing in the amending act to indicate that die rights, liabilities or penalties acquired, accrued or incurred under the state act are not to be affected. ..... specific provisions similar to section 6, general glauses act were made in each of the amending acts of the centre referred to above. ..... this act was repealed on 17-8-1950 by section 17(4) of the central act known as the essential supplies (temporary powers) act (24 of 1946) as extending to part b states by the amending act no. ..... it is submitted by the learned advocate general that these provisions are inserted in the amending acts by way of abundant caution and no inference can be drawn merely by their existence that the act is inapplicable to part b states. ..... 2 of 1954 which is also being heard on this point along with the reference in question, tried to argue that even if essential supplies act (and hence section 6 of that act), applies still there are indications of contrary intention in the essential supplies (temporary powers) amendment act no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP337; 1963CriLJ629; 1963MPLJ566
..... the amended clause (b) of section 190 of the code now would be deemed to include both, 'the police report' as interpreted by several high courts in the manner already indicated as also 'police reports' as a result of investigation in the manner otherwise than that provided by the code of criminal procedure. ..... the result, therefore, is, that the investigation resulting in the prosecution of an offender under the opium act can never be said to be one under the provisions of chapter xiv of the code of criminal procedure. ..... our answers thus to the questions refer- red to us are as under :(1) whether in view of section 20 (g) of the opium act, a complaint filed by excise - officerunder the opium act can be deemed a case instituted as a case on police report as contemplated under section 251-a criminal procedure code?. . . . .no. ..... :'(1) whether in view of section 20 (g) opium act, a complaint filed by excise officer under the opium act can be deemed a case instituted as a case on police report as contemplated under section 251 a, criminal procedure code? ..... the learned single judges of this court have taken the view that a report submitted by an excise officer to a magistrate complaining of a commission of an offence under the opium act was expressly made a report of a police officer within the meaning of clause (b) of sub-section (i) of section 190, criminal procedure code, and therefore liable to be taken cognizance of as-such by the magistrate. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1993(0)MPLJ875
..... i am, therefore, of the opinion that the provisions of the code of criminal procedure regarding commitment of cases to the special court cannot be lifted from the said code and made applicable in this act simply because this act has made no specific provision for commitment of such cases to ..... for consideration in this case is:--whether the offences covered in the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 were cognizable by the special judge or the general law prescribed under the code of criminal procedure, for commitment of the case, triable by the sessions judge, will apply? 5. ..... of indian penal code, code of criminal procedure and evidence act so far as they are inconsistent with the provisions of this act, shall not apply to the cases under this act.16. ..... of indian penal code, code of criminal procedure and evidence act, so far as they are inconsistent with the provisions of this act, shall not apply to the cases under this act.9. ..... it as under:--'from the provisions of the aforesaid sections 18, 19 and 20 of the act, it is evident that in this act, the provisions of code of criminal procedure (except sections 438 and 360) are not made inapplicable for the trial of the offences under this act. ..... section 7 of the said act lays down that notwithstanding anything contained in the code of criminal procedure or in any other law the offences specified in sub-section (1) of section 6 shall be triable ..... has also relied on the criminal law amendment act, 1952. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(4)MPHT189
..... by notification dated 21-6-2006, central government in exercise of power conferred by sub-section (2) of section 1 of the criminal procedure code (amendment) act, 2005 (no. ..... the offence under section 324 of the ipc is compoundable, but by the recent amendment in criminal procedure code, 1973 by amendment act no. ..... out under section 324 read with section 34 of the ipc and this offence is compoundable with the permission of this court as per provision under section 320, sub-section (2) read with sub-section (5) of 'the code' and this court does not find any reason for refusing the prayer of the appellants as well as the complainant for granting permission to compound the offence, hence permission is granted. ..... therefore, in the considered opinion of this court, provision of sections 28(a), 28(b) of the amendment act would not be applicable in the instant case because the incident occurred prior to the amendment act no. ..... in the amendment act, there is no provision for application of this act in pending cases retrospectively. ..... 25/2005)(for short 'the code') appointed the 23rd june, 2006 as the date, on which provisions of said act, except the provisions of sections 16, 25, 28(a), 28(b), 38, 42(a), 42(b), 42(f)(iii), (iv) and 44(a), shall come into force. ..... 25/2005, is made non-compoundable and yet this amendment has not come into force. ..... the police had registered the offence under section 307/34 of the indian penal code and under sections 25 and 27 of the arms act. dr. r.c. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1957CriLJ67
..... i may point out that the case law alluded to above remains unaffected by the recent amendment of the criminal procedure code by act no. ..... the learned government advocate then placed reliance on several decisions on the interpretation of section 337, criminal procedure code which lay down that even when a tender of pardon was held to be illegal, the approver was held to be a competent ..... : 1956crilj291 it was observed that the criminal procedure code is a code of procedure, and, like all procedural laws, is designed to further the ends of justice and not to frustrate them by the introduction of ..... no doubt that it is a very serious blunder on his part to do so; yet, considering that he had powers to tender pardon under section 8 12) of the criminal law amendment act (46 of 1952), the tender of pardon to nasarali cannot be held to be invalid. ..... shingal on the ground that section 8 (2) of the criminal law amendment act empowers a special judge to tender pardon; so it should be taken that the pardon was tendered by the special judge, dhar, under that section and an erroneous mention of a provision of law in the order cannot invalidate ..... , but under section 8 (2) of the criminal law amendment act, and that the seal of the sessions judge below the signature ..... was produced before the special judge who was requested for tendering pardon to him under section 337 of the criminal procedure code. ..... same principle will apply when pardon is tendered under section 8 (2) of the criminal law amendment act. .....
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