Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Magistrate who recorded part of evidence transferred - Successor Magistrate cannot act on the evidence so recorded by his predecessor - Judgment of acquittal set aside - Case remanded to trial Court for re-trial in accordance with law...........
Criminal Procedure Code, 1973, Section 482, Customs Act, 1962, Section 110, 111, 135 -- Complaint - Quashing of - Scope and jurisdiction of High Court - Held, scope and jurisdiction of this Court for quashing a complaint at the initial stage of the trial under section 482 Cr.P.C. are not res integra - It is well settled proposition of law that in case, on the bare reading,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Evidence shows that cheque was issued to discharge debt due to complainant and on presentation it bounced for want of funds - Accused had no acceptable explanation as to how the cheque happened to come into possession of complainant - Admittedly the cheque contains signature of accused - Nothing..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - FIR was lodged on the complaint made by mother in law of petitioner No.1 - In her complaint, mother in law stated that her daughter in law had given her a tea which was bitter in taste and therefore a suspicion was raised that tea contained poison - Medical report of the complainant suspected case..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Scope and jurisdiction of High Court - Held, scope and jurisdiction for quashing a complaint, as envisaged under Section 482 Cr.P.C. is not res integra - The power under this Section has to be exercised with great care and caution and on sound principle - These powers are not to be exercised to stifle..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Trial - Additional evidence - Additional evidence of complainant was essential for just decision of case - Opportunity afforded is fair for the reason that it does not allow making of new case or something which is inherently repugnant to case already made out..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Contention of accused that Co-operative bank had advanced some amount to accused for the purpose of supplying rice to various ration shops by Co-operative Bank and he had only handed over signed blank cheque leaves to Bank - No records with Co-operative Bank showing such payment of advance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Held, it is well settled position of law that when amendment to the pleadings is allowed, the same is related back to the date of filing of the original pleadings, be it plaint or written statement, except in a case, where the amendment sought for is relatable to the law of limitation...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Reasons explained for absence - Court in a very harsh manner rejected the application - It is a cardinal principle of law that Court should decide the case on its merits rather than on the technicalities - Order dismissing application quashed - Court below directed to decide the..........
Practice and procedure -- Prejudice to accused - It has to be shown that accused has suffered some disability or detriment in the protections available to him under the Indian Criminal jurisprudence - Courts should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage, as this expression is perhaps too..........
