case. It was in this context the present revisionist
application has filed application under Section 319 of the Code
below Exhibit-386 in Sessions Case ... merits the
application under Section 319 of the Code as trial has
concluded. It was submitted that the order under Section 319 of
the Code
offence. In
fact, the Public Prosecutor, instead of filing an application under Section
319 of the Code, should have asked for the further investigation ... collecting such evidence. The
Supreme court, while examining an application under Section 319 of the
Code, has also to bear in mind that there
2010
ORAL
JUDGMENT
By
this revision application under section 397 read with sections 401
and 319 of the Code of Criminal Procedure, 1973 (the Code ... memo of the revision
application.
By
the impugned order, the application made by the applicant under
section 319 of the Code came to be rejected
under Section 138(b) of the Act and same has
not been properly considered by the court while allowing the
application filed under Section 319 ... impleadment of
the accused under Section 319 of the Cr.P.C. for the offence
punishable under Section 138 could not have entertained after
above aspect, the application is allowed. It would
be open for the applicant to file an application under Section 319 of
the Criminal Procedure Code ... serious error in rejecting the application Exhibit : 53. He submitted that
the application filed under Section 319 of the Cr.P.C. to implead
trial Court committed
a serious error in rejecting the application filed under
Section 319 of the Code.
12. Mr. Majmudar submitted that from ... collecting such evidence. The Supreme court, while
examining an application under Section 319 of the Code,
has also to bear in mind that there
impleaded as an accused under Section 319 of the Code of Criminal Procedure, for the offence punishable under Section 138 of the Negotiable Instruments ... application, was of the view that service of notice under Section 138 of the Act, 1881 was sine-qua-non before recording conviction under Section
Application and application under sec. 482 were decided by this Court, the legal position as was holding the field was that under sec. 319 ... that basis, if an application is moved by the aggrieved person, such an application under sec. 319 of the Code has got to be decided
accused in the complaint. I am afraid the
application under section 319 of the Cr.P.C to implead the
company as an accused ... Section 319 of the Cr.P.C.
has no application worth the name.
43 Section 319 of the Cr.P.C. reads as under:
319
application under
Section 319 of the CrPC and power exercised by the learned trial
Court does not fall in the purview of section 319 ... with intention to drag the proposed accused in the
litigation, application under Section 319 of the CrPC was filed
with ulterior motive. He has also
