Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420,406 -- Accused tried for offence u/s 138 of NI Act - Subsequently prosecuted for offence u/ss 406/420 IPC - It is not double jeopardy - Double jeopardy is only when ingredients of the offence in earlier case as well as in the latter case are the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 468, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner/accused has stated that he was in financial difficulty and was unable to repay loan amounts and had no intention to cheat or dishonestly divert loan amount - Held, all..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 468, Criminal Procedure Code, 1973, Section 439 -- Bail - Factors to be considered while granting bail - Held, at the stage of granting bail, a detailed examination of evidence and elaborate documentation of merits of case need not be undertaken but reasons be indicated why bail was..........
Indian Penal Code, 1860, Section 420,406 -- Cheque issued against advancing loan - Cheque given by brother before death in a road accident - No evidence to show that late brother of complainant made any kind of entrustment to accused - Case is simply a case of civil nature for recovery of money - Held, lower Revisional Court rightly discharged the accused...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420 -- Dishonour of cheque - Cheating & criminal breach of trust - Case of opposite party No.2 that he had given cash to petitioner in loan as petitioner was in need of money in connection with his business and furthermore, opposite party No.2 gave Rs.25,000/- as security money to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 448, 420, 406, 467, 468, 471, 506, 120B -- Bail - Offence u/ss 341, 448, 420, 406, 467, 468, 471, 506 & 120-B - Investigation against other accused still not completed - Held, taking into consideration over all facts and circumstances of case as revealed from evidence on record collected..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheque dishonoured with remark `Drawer's signature different' and `Funds insufficient' - In such a case it hardly matters whether drawer's signatures were different - It may be that petitioner acted dishonestly by camouflaging his signatures to cover real reason -..........
Indian Penal Code, 1860, Section 420,406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Civil dispute - Quashing of FIR - Cognizance of offence u/ss 420 and 406 IPC - As per oral and documentary evidence upon which challan has been filed it is a case of non-execution of sale deed by petitioner No.2 - Held, if dispute between parties was initially a civil..........
Indian Penal Code, 1860, Section 120B, 121, 121A, 186, 353, 302, 468, 471, 474, 420, Arms Act, 1959, Section 25, Explosive Substances Act, 1908, Section 4, Foreigners Act, 1946, Section 14 -- Militant attack on Lal Quila - Death sentence - Validity - Attack on Indian Army unit stationed in Red Fort resulting in death of three persons - Held, attack amounts to waging war..........
