Showing : 1-10 of 58 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dismissal of complaint u/s 138 of N.I Act - Remedy available to victim is to seek special leave to appeal u/s 378(4) Cr.P.C, whether victim is complainant himself or somebody else...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal - Leave to appeal - Magistrate dismissed complaint and acquitted all accused - High Court ought to have granted leave to complainant to file criminal appeal - Having regard to nature of violations complained of and material on record, regular hearing by way of appeal..........
GUJARAT HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 401, 378-- Order of acquittal - Revision - Maintainability - S.401(4) Cr.P.C. prohibits maintainability of any revision in case of acquittal recorded in a case instituted upon a complaint as complainant has got a right to file special leave to appeal before High Court u/s 378(4) Cr.P.C...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4), 2(wa)-- Dishonour of cheque - Appeal against acquittal - Complainant not a victim in terms of S.2(wa) of the Code - Appeal u/s 372 proviso is not maintainable - Complainant must avail the remedy of appeal provided u/s 378(4) of the Code after obtaining special leave...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 372, 378(4)-- Appeal against acquittal by victim - Leave to appeal - Victim preferred an application u/s 482 Cr.P.C. to treat the appeal initially filed u/s 372 Cr.P.C. to be one u/s 372 read with S.378 Cr.P.C. - Though High Court observed that no such leave was necessary, but since there was already an..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal - Leave to appeal - Merely because `Leave' is granted, it will not preclude Court when real facts are bought to its knowledge from coming into question whether `Appeal' is competent or maintainable or not - Maintainability of appeal can be argued at any stage and..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 378(4)-- Appeal against acquittal - Leave to appeal - Complainant as payee u/s 7 of N.I. Act or holder in due Course u/s 9 of N.I.Act - Entitled to seek `Leave' u/s 378(4) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Presumption - Appeal against acquittal - Friendly loan - Capacity to advance loan - There is no document on record to show the loan transactions - Even, no date has been mentioned as to when loan was given to accused - Moreover, there is nothing in complaints as to when loan..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Acquittal - Appeal - Lies in the High Court if special leave for such appeal is granted u/s 378(4) Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374, 378, 372-- Dishonour of cheque - Appeal against acquittal - Complainant can approach High Court taking recourse to provision of S.378(4) of Cr.P.C. - Appeal preferred by complainant before Sessions Judge taking recourse to proviso to S.372 of Cr.P.C. will not be maintainable - But, if victim is different..........

Showing : 1-10 of 58 Results