ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witnesses - Case u/ss 364 and 302 IPC - Closure of evidence by trial Court - Validity - Held, in such a serious case, the right of cross-examination of accused should not be closed forever due to fault of counsel and client should not suffer for default of counsel - It was duty of..........
DELHI HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 173-- Charge sheet filed - Question as to whether charge sheet is complete or not - Reference made to Page 26 of the charge sheet wherein it is mentioned that 'further investigation was still going on....' - By reading one line it cannot be held that investigation is incomplete - Reading charge sheet as..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 319-- Addition of accused - Power of Court - Exercise of - Held, even persons who have been dropped by police during investigation but against whom evidence showing their involvement in the offence that comes before criminal Court are included in the impression `any person' not being accused - Court is..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 448, 420, 406, 467, 468, 471, 506, 120B-- Bail - Offence u/ss 341, 448, 420, 406, 467, 468, 471, 506 & 120-B - Investigation against other accused still not completed - Held, taking into consideration over all facts and circumstances of case as revealed from evidence on record collected during investigation as well as nature of allegation..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 376-- Bail - Offence u/ss 302 & 376 IPC - No convincing evidence against applicant - Evidence available on record against applicant very weak - Applicant a poor young man who earns his livelihood by repairing punctures of cycle tubes - Applicant in jail for more than two years - Bail granted...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court below - Held,..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar relate to disputed..........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265-- Dishonour of cheque - Trial - Recording evidence by Court upon a preliminary objection - Held, in the NI Act, 1881 or in the provisions of Ss.262 to 265 of the Code there is no provision for recording evidence by Court upon a preliminary objection taken by an accused - A provision which does not..........
DELHI HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420-- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed to give any explanation either in his complaint u/ss 190/403/420..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 258-- Power to stop proceedings - Exercise of power by Magistrate - Held, it is a vast power hence has to be used in exceptional cases or unusual circumstances attending the case - Such exceptional circumstances may arise when evidence collected by police or evidence collected by Court does not actually..........