Showing : 31-40 of 51 Results

DELHI HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 482-- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Acquittal - Petition seeking leave to appeal filed alongwith application for condonation of delay of 28 days - Minor issues like absence of their main counsel on date fixed in trial Court, failure to give intimation by counsel..........
KERALA HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Acquittal - Appeal filed without obtaining special leave u/s.378(4) of Cr.P.C., though challenge is against acquittal recorded by trial Court u/s.256(1) of Cr.P.C - Held, appeal is not maintainable - Appeal dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Acquittal - Appeal against acquittal in a private complaint lies to High Court - Order passed in appeal by Additional Sessions Judge set aside as without jurisdiction...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 378(4)-- Criminal complaint - Acquittal - Leave to appeal - Application for - Civil suit filed by bank against applicant and his brother was decreed in the year 2002 - Applicant could not succeed - He filed baseless and motivated criminal complaint in the year 2003 on basis of false and frivolous facts,..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal by complainant - Leave of High Court - Held, according to S.378(4), Cr.P.C., complainant has right to file an appeal against order of acquittal passed by Sessions Court with leave of High Court in that regard...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 378(4)-- Leave to file appeal against acquittal - Contention that petitioner wanted to produce copy of wound certificate to suggest that complainant had suffered injuries - That certificate has been perused by court - Held, even assuming that said certificate should have been permitted to be introduced in..........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 378(3), 378(4)-- Nature of leave to be obtained u/s 378(3) and 378(4) - Difference - So far as appeal u/s 378(1) & (2) are concerned, S.378(3) prescribes that an appeal thereunder shall not be entertained except with the leave of the High Court - However u/s S.378(4) Cr.P.C. it is specifically stipulated that the..........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 378(3), 378(4)-- Leave to file appeal - Application for - Held, even without a separate application, leave u/s 378(3) Cr.P.C. can be granted - But that is not the situation u/s 378(4) Cr.P.C. - A separate application is certainly mandatory when it comes to the prayer for grant of leave u/s 378(4) Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 378(3), 378(4)-- Leave u/s 378(3) can be granted even without an application - However, separate application for grant of leave is mandatory u/s 378(4) Cr.P.C...........
KERALA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 378(4)-- Application for leave to file appeal - Procedure for - Held, there is no specific mandate either in S.378 Cr.P.C. or in the Kerala Criminal Rules of Practice which can oblige the seekers of leave u/s 378(4) Cr.P.C. to file along with such application for leave proposed appeal which they want to..........

Showing : 31-40 of 51 Results