Showing : 1-10 of 51 Results

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...........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 427, 448, 453, 504, 506, Criminal Procedure Code, 1973, Section 378(4)-- Offence u/ss 427, 448, 453, 504, 506 IPC - Appeal against acquittal - Leave to appeal - Names of independent witnesses not mentioned in complaint given to police and the names have come for the first time in complaint - No reasons given for the same - Possibility of witnesses being procured cannot..........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4)-- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........

Showing : 1-10 of 51 Results