Code of Criminal Procedure, 1983—Section 482—Application under—Filed by applicants/original accused—Prayed for quashing and setting aside criminal case—Pending on file of Metropolitan Magistrate—Legality of—It is important to note here that first complaint was dismissed by same Court of Magistrate—Applicants were acquitted—Arrest of applicants in second complaint on the basis of same set of facts was unwarranted—It is settled position of law that, there can be no second FIR in respect of same cognizable offence, same incident or occurrence—Held, that continuation of second complaint filed by respondent No. 1 is clear abuse of process of law and undue harassment to the applicants—Second complaint quashed and set aside—Application allowed. (Paras 8 to 11)...

Negotiable Instruments Act, 1881, Sections 138 and 145(2)—Cheque dishonour—Application by accused—The trial court rejected the request of petitioner/accused to summon and examine the witnesses, whose affidavits have been filed by the respondent/complainant in support of his case Maintainability of—Held, the Court would be obliged to summon the person giving evidence on affidavit in terms of Section 145(1) of NI Act without having any discretion in the matter and therefore, if an application is made u/s 145(2) of NI Act either by prosecution or by the accused, the Court must call the person, who has given evidence on affidavit, for examining him again as to the facts contained therein—The trial Court has committed an illegality in dismissing the application filed by the petitioner/accused—...

Cr.P.C., 1973, Sec.311, I.P.C., 1860, Sec.304-B and the Dowry Prohibition Act, 1961, Sec.3/4 — Recalling of witnesses for cross-examination — Application for — Rejection of, on the ground of delay in filing the application — Legality of — Trial under I.P.C., 1860, Sec.304-B and the Dowry Prohibition Act, 1961, Sec.3/4 — 10 prosecution witnesses examined — Thereafter, accused/revisionists filing application for recalling PW-1 and PW-2 for further cross-examination on the ground that some important questions were left to be asked in the cross examination at that time Senior Advocate representing the accused was out of the country and the cross examination was conducted by the junior counsel — Another ground being that the application filed under Section 311 Cr.P.C. can be filed at any stage an...