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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 357(2), 389-- Dishonour of cheque - Suspension of sentence during pendency of appeal - Appellate Court can order to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court irrespective of the provision of S.357(2) Cr.P.C. as the amended provision of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Condition of producing registered surety - Petitioner is unable to produce a registered surety for reasons entirely beyond his control - He cannot be indefinitely kept in jail for inability to fulfill the condition of producing a registered surety - Magistrate directed to consider modifying..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 202-- Enquiry u/s 202 Cr.P.C - Scope of inquiry u/s 202 Cr.P.C is extremely restricted only to finding out truth or otherwise of allegations made in complaint in order to determine whether process should be issued or not u/s 204 Cr.P.C or whether complaint should be dismissed by resorting to S.203..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 204-- Issuance of process - At the stage of issuance of process to accused, Magistrate is not required to record detailed orders - But based on allegations made in complaint or evidence led in support of same, Magistrate is to be prima facie satisfied that there are sufficient grounds for proceeding..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340, 195-- Forgery or forged document - Mere incorrect statement in vakalatnama would not amount to create a forged document and it cannot be reason for exercising jurisdiction u/s 340 Cr.P.C for issuance of direction to lodge criminal complaint against accused...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 340, 195-- Forgery - It is necessary before lodging complaint that Court must be satisfied that it was expedient in interest of justice to lodge complaint - Use of actual words of S.340 Cr.P.C not necessary, but Court should record a finding indicating its satisfaction that it is expedient in interest of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 153A, 120B, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 43D(2)(b)- - Offence u/ss 302, 153-A, 120-B IPC and Ss.16, 18 of 1967 Act - Specific reason assigned by Public prosecutor fulfilling the mandate and requirement of S.43-D(2)(b) of 1967 Act and said fact was considered by Special Court who after recording its satisfaction granted detention of accused for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471-- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no intention to make..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - To be heard by same judge who had disposed of first bail application in case he is available...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 438-- Second application for anticipatory bail - High Court while allowing anticipatory bail application of accused has not assigned any valid reason or shown any change of circumstance since rejection of first application for anticipatory bail - More so, Supreme Court vide its earlier order observed..........

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