Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Accused allegedly issued cheque to complainant towards discharge of his liability related to promissory note executed by him - Non-production of alleged promissory note by complainant before Court - Cheques have been issued on the same day as that of execution of note -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Bail during pendency of appeal - Both the accused acquitted by trial Court - High Court affirmed acquittal of co-accused but convicted the appellant - Reasons which weighed with the trial Court while recording acquittal not dealt with by High Court - Bail during pendency of appeal granted...........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of five accused in attack is proved on record - Acquittal of accused u/s 147 IPC though irregular, will not vitiate conviction u/ss 302, 149 IPC...........
Indian Penal Code, 1860, Section 394, 397, Explosives Act, 1884, Section 9(B)(i)(b) -- Robbery - Bomb explosion - Quashing of proceedings - Materials available on record reveals prima facie case against petitioner - Acquittal of co-accused in separate trial has not disproved substratum of prosecution case - Petitioner cannot derive any benefit of that acquittal judgment to..........
Indian Penal Code, 1860, Section 302, 149, Arms Act, 1959, Section 27 -- Murder case - Sentence modified by High Court on wrong factual premise - Trial Court acquitted four accused u/ss 302, 149 IPC but convicted u/s 27 of Arms Act - High Court convicted all of them u/ss 302, 149 IPC and S.27 of Arms Act in appeal on the wrong factual premise that accused have suffered..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused claiming parity with co-accused who was acquitted - Acquittal of co-accused by giving benefit of doubt by itself can be no ground to discard otherwise reliable evidence which remained unshaken pointing towards complicity of accused in commission of crime - No fault therefore, can be found in impugned order of..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135 -- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - At time of presentation of cheque before bank there was no legally enforcement debt or liability in view of mortgage agreement executed between parties in which cheque was to be presented before bank after thirty months -..........
Indian Penal Code, 1860, Section 406 -- Entrustment of stridhan - Appeal against acquittal - Leave to appeal - Trial Court after examining statements of witnesses and considering evidence adduced by complainant as well as defence found that there is no case for commission of offence u/s 406 IPC - Entrustment of alleged articles not proved - Finding of trial Court is..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Accused proved that cheque book issued to complainant in year 2005 and other cheques from cheque book were got encashed in year 2007 and 2008 - Further, on backside of cheque name and particulars of accused have..........
