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..., the trial court after considering the complaint and the pre-summoning evidence took cognizance and issued summons against the respondent. Respondent 1 appeared and subsequently was released on bail...complaint filed by Respondent 1 and the order of learned Civil Judge, Junior Division/Judicial Magistrate, R.S Ghat, Barabanki, dated 8-2-2005 taking cognizance of offences punishable under Sections 420...cognizance of the matter and issued summons to the appellants.12. In January 2007, to their utter shock and surprise, the appellants came to know that the learned Civil Judge...
...Section 156 (3) Cr.P.C. and opted to take cognizance. The case was adjourned for pre-summoning evidence for 10.01.2012.
4. The petitioner challenged the order dated...has been fixed for recording statements of the petitioner and her witnesses in pre-summoning evidence. The Courts below did not commit illegality or irregularity in declining to proceed under Section...with the complaint case as per law after recording pre-summoning evidence of the petitioner.
7. Trial Court record be sent back forthwith with the copy of the order...
...any, on oath and on the basis of such pre-summoning evidence, the Magistrate is to decide as to whether cognizance of the offence is to be taken and summons are to be issued to the accused persons or...favour of the appellant towards discharge of its liability, and the said cheque was dishonoured when presented for payment. The appellant therefore prayed for summoning and punishing the second...respondent and its Directors (Respondents 3 and 4).3. On 4-2-2002 the learned Magistrate took cognizance and summoned the accused. He did not examine the complainant and its...
...Section 222 of the B.N.S.S. for defamation was filed. The learned Metropolitan Magistrate vide Order dated 19.07.2024, took cognizance and directed the matter to be listed for pre-summoning evidence on 09.08...set-aside the Order of cognizance with the directions that the Petitioner be heard before taking cognizance. However, the second part of the Order regarding recording of pre-summoning evidence and...Mondal, 1979 SCC OnLine Cal 98 it has been held that without taking cognizance, there can be no direction for conducting pre-summoning evidence.
6. Learned cou...
...recording of evidence as envisaged under Sec.145(2) of N.I.Act. If at the pre-summoning stage i.e, pre-cognizance stage the complainant led evidence either by affidavit or by oral statement, that ...by the complainant in the form of affidavit or oral statement during pre-summoning i.e. pre-cognizance stage cannot be treated as commencement of recording of evidence under Section...clarify, regardless of whether evidence has been led before the Magistrate at the pre-summoning stage, either by affidavit or by oral statement, the complaint will be maintainable only at the place where...
...after summoning of the accused. The affidavit and the documents filed by the complainant along with complaint for taking cognizance of the offence are good enough to be read in evidence at both the...of n.i act, once evidence is given by way of affidavit, at the stage of pre-summoning, the same evidence is to be read by the court at post summoning stage and the witness need not be recalled at...daily, the quashing of summoning order is sought not on the ground that complaint and evidence adduced by the complainant before MM do not disclose commission of offence by the petitioner, but, on the...
...and the documents filed by the complainant along with complaint for taking cognizance of the offence are good enough to be read in evidence at both the stages i.e pre-summoning stage and the post..., sufficient safeguards have also been provided in the [proposed] new Chapter. Such safeguards are—(a) that no court shall take cognizance of such offence...;(iii) to provide discretion to the court to waive the period of one month, which has been prescribed for taking cognizance of the case under the Act...
...under:“Heard.On the basis of the Complainant and the original documents annexed with the Complaint, cognizance is taken.Pre-summoning evidence of CW1 led...Judge setting aside the summoning order as in that case, the Magistrate had specifically stated that he was not considering the sworn statements of the witnesses at the pre-cognizance stage...noted that the Magistrate had emphasized that he was considering the Complaint at the pre-cognizance stage which according to him was not correct. By deciding to examine the Complainant and the...
...Section 34, IPC. The learned Judicial Magistrate at Ahmednagar after recording pre-summoning evidence took cognizance of the offence and summoned all the four respondents including petitioner...petitioner was summoned by the Court of Judicial Magistrate, Ahmednagar on the basis of material placed before him. At the time of taking cognizance and summoning of accused, a Magistrate is not supposed...Constitution of India for quashing the proceedings initiated against the petitioner by the respondent on the ground that summoning of petitioner was not warranted by the facts as disclosed in the...
...for taking cognizance of the offence are good enough to be read in evidence at both the stages i.e, pre-summoning stage and post-summoning stage. Subsequently when the accused appeared, the Court can...observed by the trial Court, Para 16 and Direction No.4 (MANU/SC/0387/2014) are relevant. Para 16 would show that a complainant need not be examined twice i.e, once at pre-cognizance stage and latter at post-cognizance stag.... Apex Court has given the clarification as to what amounts to the commencement of recording of evidence as envisaged under Sec.145(2) N.I Act. If at the pre-summoning stage i.e, pre-...
...examined twice i.e, once at pre-cognizance stage and latter at post-cognizance stage. Affidavits and documents filed by him along with complaint can be treated as his evidence at both stages. In other words, there ...Sec.145(2) N.I Act. If at the pre-summoning stage i.e, pre-cognizance stage if the complainant gave his sworn statement either by affidavit or by oral statement, that cannot be treated a...) of N.I. Act. If at the pre-summoning stage i.e., pre-cognizance stage the complainant led evidence either by affidavit or by oral statement, that cannot be treated as commencement of the...
...Section 103 of Trade Marks Act, 1999. After pre-summoning evidence was produced by the petitioner being the complainant, cognizance...respondent Nos. 1 to 5 is not in dispute. After respondent Nos. 1 to 5 were summoned by the Trial Court after taking cognizance against them, the witnesses examined by the petitioner/complainant in pre...-summoning evidence were cross-examined on their behalf. However, respondent Nos. 1 to 5 were aggrieved by their summoning by the Trial Court and had filed a petition under Section 482 of Cr.PC for quashing...
...evidence as envisaged under Sec.145(2) of N.I. Act. If at the pre-summoning stage i.e, pre-cognizance stage the complainant led evidence either by affidavit or by oral...statement during pre-summoning i.e. pre-cognizance stage cannot be treated as commencement of recording of evidence under Section 145(2) of N.I. Act to retain the case in...that place. To clarify, regardless of whether evidence has been led before the Magistrate at the pre-summoning stage, either by affidavit or by oral statement, the complaint will be maintainable only at...
...and directed the complainant to lead pre-summoning evidence and in fact pre-summoning evidence was lead by the complainant on 15.10.2005. Counsel further submits that after the recording of ...impugned order. The impugned order dated 25.9.2009 is accordingly set aside. Since the pre-summoning evidence was recorded by the Ld.Magistrate therefore, the Magistrate may proceed in the matter from...) Cr.P.C. can be directed at pre-cognizance stage while inquiry or investigation at the post-cognizance stage can only be directed by the Magistrate under Section 202 Cr.P.C...
...complainant. The complainant adduced pre-summoning evidence. After recording pre-summoning evidence, vide order dated 17.11.2009, learned trial Court took cognizance of the offence under ...with. We find that there are specific allegations in the complaint disclosing the ingredients of the offence taken cognizance of. It is for the complainant to substantiate the allegations by evidence...in the complaint do not constitute the offence of which cognizance is taken by the Magistrate it is open to the High Court to quash the same in exercise of the inherent powers under Section 482. It...
...Magistrate had taken cognizance by calling upon the complainant to adduce pre-summoning evidence after rejecting its application under Section 156(3) Cr.P.C the person impleaded in...Section 156(3)Cr. P.C called upon the complainant to adduce pre-summoning evidence, as was the situation Ragh Raj Singh's case (supra) also. So, applying the decision of the Supreme Court in Raghu...that the Magistrate had taken cognizance when he called upon the respondent no. 1-complainant to adduce its pre-summoning evidence. The Supreme Court had in the case of “Gopal Das Sindhi v. State of Assam...
.../2016 Page 2 of 2 respondent tendered his pre-summoning evidence by way of affidavit in May, 2014. On 7.4.2014, cognizance was taken and notice under Section
251 Cr.P.C. was...recording defence evidence.
3. The petitioner did not furnish any plausible explanation on 31.08.2014 for not filing application under Section 145(2) Negotiable...
...evidence as envisaged under Sec.145(2) of N.I.Act. If at the pre-summoning stage i.e, pre-cognizance stage the complainant led evidence either by affidavit or by oral statement, that cannot be tre... clarify, regardless of whether evidence has been led before the Magistrate at the pre- summoning stage, either by affidavit or by oral statement, the complaint will be maintainable only at...the obvious intendment of the Apex Court.
Learned AGA has also not disputed the arguments of the parties but has submitted that pre-cognizance evidence cannot be treated...
...cognizance of the complaint and adjourning the case for pre-summoning evidence.8. In Mohd. Yusuf v. Afaq Jahan.... In the light of Meenakshi Anand case (Supra), the learned M.M and ASJ have exercised judicial discretion and taken cognizance of the offence and adjourned the matter for pre-summoning evidence...pre-summoning evidence.4. Aggrieved by the said order, the petitioner filed a criminal revision before the court of ASJ which came to be dismissed vide the impugned order dated 8.9.2009...
...-complainant was called upon to adduce pre-summoning evidence on 6th March, 2009. Thus, it becomes clear that on 10th February, 2009 the learned Magistrate had found the complaint to be disclosing a cognizable offence justi...the matter and requiring the complainant to adduce his pre-summoning evidence. Though not specifically mentioned in that order that cognizance was...case for recording of pre-summoning evidence of the petitioner-complainant and after fixing many dates for that purpose but before any pre-summoning evidence could be recorded he suddenly took up ...