Showing : 111-120 of 449 Results

GUJARAT HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Appellate Court is not required to re-write the judgment or to give fresh reasoning, when reasons assigned by Court below are found to be just and proper...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378-- Dishonour of cheque - Appeal against acquittal - Material on record is sufficient to raise doubt regarding story of complainant - Even, discrepancy regarding mutual settlement between parties not duly explained by complainant - Moreover, complainant failed to prove his case and failed to point out..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Limitation Act, 1963, Section 5-- Dishonour of cheque - Appeal against acquittal - Condonation of delay - Delay of 138 days in filing appeal - No cogent reason mentioned in application for condonation of delay - Complainant failed to show any error in law or on facts on basis of which interference can be made - Accused rightly..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 372- - Appeal against acquittal - Complainant is not entitled to prefer an appeal u/s 372 Proviso Cr.P.C. before Court of Session against judgment of acquittal passed by subordinate criminal Court arising out of criminal complaint filed by complainant as he is required to prefer an appeal under S.378(4)..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal - S.378(4) Cr.P.C. is a special provision dealing specifically with appeal by complainant in case of acquittal of accused in compliant cases and as such it will have overriding as well as exclusive application and effect in cases of acquittal of accused instituted upon..........
GUJARAT HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 378-- Appeal against acquittal - Appellate Court is not required to rewrite the judgment or to give fresh reasoning in acquittal appeals when reasons assigned by Court below are found to be just and proper...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 372, 378(4)-- Appeal against acquittal - Remedy available to victim : (i) The `complainant' in a complaint-case who is also a `victim' and the `victim' other than a `complainant' in such case, shall have remedy of appeal against acquittal u/s 378(4) only, except where he/she succeeds in establishing the guilt..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 372-- Appeal against acquittal by victim - Leave to appeal - No leave to appeal is required for victim to prefer an appeal on the grounds mentioned in Proviso to S.372 Cr.P.C. - Victim has a indefeasible statutory right to file appeal...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, Section 4, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Economic offences - Appeal against acquittal - Respondent/accused is young person on whom his family is dependent for livelihood - There are no criminal antecedents - Hence, accused personal interest is to be balanced against objects of punishment - Accused convicted and..........

Showing : 111-120 of 449 Results