Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | recall process of summons |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 - ss. 201, 204 & 482 - Power of the Magistrate to recall process of summons - Held: Once decision is taken and summons is issued, in absence of power of review including inherent power to do so, remedy lies before the High Court u/s. 482 CrPC or under Art. 227 of the Constitution and not before the Magistrate - Once the Magistrate taking cognizance of an offence forms his opinion that there is sufficient ground for proceeding and issues summons u/s.204 CrPC, there is no question of going back following the procedure u/s.201 CrPC - In absence of any power of review or recall of the order of issuance of summons, the Magistrate cannot recall the summon in exercise of power u/s.201 CrPC - Constitution of India, 1950 - Art.227. Negotiable Instruments Act, 1881 - s. 138 - Offence under - Jurisdiction of the Magistrate to issue summons - Held: Offence u/s. 138 can be completed only with the concatenation of all the five components, namely, (1) drawing of the cheque; (2) presentation of the cheque to the bank; (3) returning the cheque unpaid by the drawee bank; (4) giving notice in writing to the drawer of the cheque demanding G payment of the cheque amount; and (5) failure of the drawer to make payment within 15 days of the receipt of the notice - It is not necessary that all the above five acts should have perpetrated at the same locality - In the case in hand, the business dealing was held at Mumbai; the products were supplied from Mumbai to New Delhi, cheques were handed over at Mumbai and the cheque.s were dishonoured by the bankers of respondents at New Delhi, and legal notice was issued from Mumbai - At least one act out of the five ingredients of s. 138 having committed at Mumbai, the complaint preferred by appellant before the Magistrate at Mumbai was maintainable. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 780 |
Petitioner | Devendra Kishanlal Dagalia |
Respondent | Dwarkesh Diamonds Pvt. Ltd. And Ors. |
SCR | [2013] 17 S.C.R. 380 |
Judgement Date | 2013-11-25 |
Case Number | 1997-98 |
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