Criminal Procedure Code, 1973, Section 340 -- Interpolations in complaint - Not clear whether cutting was before filing or after filing of complaint - No material to show that complainant committed forgery in the document filed in the Court - No sufficient ground to initiate criminal proceedings against the petitioners u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Allegations of fraud and forgery - Trial discussed threadbare both oral as well as documentary evidence and recorded judgment of conviction - Appellate Court, without discussing correctness and propriety of evidence, brushed aside the evidence of Handwriting Expert and that of bank officials and..........
Civil Procedure Code, 1908, Section 89 -- Scope - After completion of pleadings, to consider recourse to ADR process is mandatory - Actual reference to ADR process in all cases is not mandatory - In cases falling under an excluded category there need not be reference to ADR process viz. (i) Representative suits under Order 1 Rule 8 CPC; (ii) Disputes relating to election..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Offences of forgery and misappropriation of huge funds of municipal corporation - Excess amount to the tune of Rs.1, 38, 000/- paid to the contractor, thus causing loss to the public exchequer - Magistrate showed great haste in hearing bail application and passing bail order without giving reasonable..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail cannot be denied merely because the allegations pertain to cheating or forgery of a valuable security...........
Criminal Procedure Code, 1973, Section 199, 200 -- Second complaint during pendency of first complaint - Offence of forgery came to knowledge of complainant after filing of the first complaint - Second complaint to be restricted only to that extent - Complainant directed to file an amended complaint...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 467, 468, 471, 420, 34, 409, 34 -- Public servant - Sanction for prosecution - Offence u/ss 467, 468, 471, 420/34, 409/34 IPC-Offence of forgery, cheating and criminal misappropriation is not a public duty-Sanction for prosecution is not required...........
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482 -- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 195(1) -- Filing of forged documents in court - Prosecution for - Forgery is alleged to have been committed with respect to the Will in question prior to filing of suit in civil court - Petitioner prosecution u/s 195(1) IPC - Legality of - Held, expression "when such offence is alleged to have been committed in respect of a document..........
Criminal Procedure Code, 1973, Section 200, 202, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- IPC - Complaint u/ss 420, 467, 468, 471, 120-B IPC with allegations in the complaint of serious nature involving offences of forgery and preparation of fictitious ration cards of persons not below poverty line - Held, a thorough investigation by an investigating..........
