Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused failed to examine even a single witness even after availing four opportunities - No explanation why he did not lead evidence on said dates - However, in the interest of justice one opportunity given to accused to lead his entire..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 165 gms charas and four bottles of liquor - Petitioner is only a drug addict and not a drug peddler - He is permanent resident of the place and neither in a position to tamper with prosecution evidence nor in a position to flee from justice -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 120B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Accusation as apparent from statement of victim is of heinous offence - Therefore, there seems to be no element or likelihood of compromise - There was poisonous substance in the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Court does not find any material on record which can be stated to be of sterling and impeccable quality warranting invocation of jurisdiction of Court u/s 482 Cr.P.C at stage of summoning of accused - Moreover, defence as raised by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - Normally complainant has to produce the documents at least before the commencement of examination of witnesses - In case there is some omission in that regard, it does not mean that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - But complainant has got an explanation that document was given by him to his advocate and it got misplaced in another case bundle -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Plea that it is not proper or permissible to recall a prosecution witness after final hearing of the case - There is no illegality in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Court at any stage of inquiry, trial or other proceedings can act in one of three ways : (i) to summon any person as a witness; or (ii)..........
