Criminal Procedure Code, 1973, Section 243(2) -- Defence evidence - Right of accused to lead evidence to rebut the case of prosecution is valuable right - Denial of that right is denial of fair trial, which elaborates fundamental right guaranteed u/art 21 of Constitution...........
Criminal Procedure Code, 1973, Section 243(2) -- Defence witnesses - Unless it is establish that application to summon a witness is made for vexation or delay or for defeating the ends of justice, trial Court has no discretion in issuance of process to compel attendance of any witness cited by accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Summoning of witnesses - Accused can rebut the evidence of complainant by cross-examination, by examining his side witnesses and produce materials and documents to rebut the evidence of complainant to disprove the case of complainant...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Handwriting expert - Plea of accused as to misuse of cheque after obtaining it unauthorisedly - Evidence sought to be obtained is essential for arriving at a just decision of the case - There is absolutely no reason to indicate..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Criminal Procedure Code, 1973, Section 243 -- Defence witnesses - Court is empowered to curtail the list or even to disallow all of the witnesses mentioned in the list if Court feels that list is supplied only to delay the proceedings or defeating the ends of justice - But it is necessary for Court to record reasons for the same and an opportunity must be given to accused..........
Criminal Procedure Code, 1973, Section 243(2), 294, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Examination of defence witnesses - Rejection of application - Validity - Accused charged with offence under P.C. Act - Accused intended to call Account Assistant, who conducted internal audit of department, then Executive Engineer and PIO, Assistant Engineer..........
Criminal Procedure Code, 1973, Section 91, 243 -- Summons to produce documents from Bank - Defence evidence - Documents in question has come in deposition of PWs - Original documents were not produced by PWs and rather photo copies were produced - Petitioner was not demanding any new document and even if petition was filed after two months of recording the statement u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243(2) -- Evidence Act, 1872, S.73 - Dishonour of cheque - Denial of signature by drawer - Held, in case of denial of signature of drawer of a cheque, best witness would be concerned Bank Manager and not a handwriting expert...........
Criminal Procedure Code, 1973, Section 313, 233, 243 -- Statement of accused - Criminal complaint - Trial court took cognizance and exempted accused from personal appearance during trial - When matter fixed for examination of accused, an application filed by her (accused) for exemption from personal appearance for purpose of examination u/s 313 Cr.P.C. and allowing her..........
