Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Power of High Court - Inherent as well as revisional jurisdiction should be exercised cautiously - Normally, revisional jurisdiction should be exercised on a question of law - However, when factual appreciation is involved, then it must find place in the class of cases resulting in a perverse finding...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Revision against conviction - Accused convicted and sentenced to undergo R.I. for period of 6 months and compensation of Rs.2,30,000/- and in default of payment of compensation to further undergo R.I. for one month - Since entire payment of cheque has been..........
Criminal Procedure Code, 1973, Section 24, 301 -- Public Prosecutor - Appointment - Public prosecutor appointed to conduct a case before trial Court is not entitled to conduct appeal or revision before High Court - Public prosecutor has to be specifically appointed for appeals or revisions or other proceedings in High Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning order - Revision against - Held, revision is maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C. - Maintainability of revision cannot be a bar for entertaining an application u/s 482 Cr.P.C. - State not able to show as to how the impugned orders were revisable - The only alternative remedy available is to challenge the impugned order u/s 482 Cr.P.C...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Quashing of proceedings - Income tax Commissioner and his family members were named in the final report u/s 173 Cr.P.C. - Matter investigated and charge-sheet submitted - Proceedings cannot be quashed on the ground that assets were declared..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Meaning - Victim is an aggrieved person not only in a crime, but also in an investigation, enquiry, trial, appeal, revision, review and also the proceedings by which the inherent powers of High Court u/s 482, Cr.P.C. are invoked...........
Constitution of India, 1950, Article 32, 161, 14, 21, High Court of Jharkhand Rules, 2001, Rule 159, Criminal Procedure Code, 1973, Section 397, 401 -- Revision against conviction and sentence - Constitutional validity of - Generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in Court..........
Indian Penal Code, 1860, Section 415, 417, Criminal Procedure Code, 1973, Section 401 -- Cheating - Revision - Acquittal of accused - Validity - FIR lodged by complainant stating complainant gave an amount to accused for purchasing land - No documentary or Negotiable Instrument to show payment to accused - No document to show amount had been withdrawn from bank - No sale..........
