Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397(3) -- Dishonour of cheque - Second revision application - S.397(3) Cr.P.C. enacts a clear prohibition against entertaining a second revision at the behest of same party...........
Criminal Procedure Code, 1973, Section 105, 397 -- Service of summons - Sending notice to opposite party/de-facto complainant u/s 105 Cr.P.C., residing outside the territory of India in each and every revision application, not mandated...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Closure of evidence of complainant - Revision - Order to close evidence of complainant after giving him several opportunities is an interlocutory order as the same does not finally decide rights and liabilities of parties but rather only settles some..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While hearing revision at instances of private party, it is impermissible to convert acquittal into conviction...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Revision - Cheating - Forged document - Revision court is neither required to interpret provision of Tenancy Act nor determine validity of sale deed, but has to see whether prosecution`s case regarding production of forged agriculturist certificate before..........
Criminal Procedure Code, 1973, Section 397, 401, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Discharge - Dismissal of application - Revision against - Order passed in discharge petition is not an interlocutory order and it is an intermediate order - Revision against..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Scope of revision against acquittal filed by a private party is very limited - Only in exceptional cases where there is some glaring defect in procedure or manifest error or illegality, perversity or infirmity in judgment of lower Court which had resulted in flagrant miscarriage of justice,..........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Scope of interference and exercise of revisional jurisdiction is extremely limited and should be exercised very sparingly, specifically in instances, where decision under challenge is grossly erroneous, or there is non-compliance of provisions of law, or finding recorded by trial Court is based on no..........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Re-appreciation of evidence - If trial Court and appellate Court has recorded finding of fact, question of re-appreciation of evidence by third Court does not arise unless it is found to be totally perverse...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Revisional jurisdiction of High Court must be exercised in a limited manner such as in the case of a palpable error, non-compliance with the provisions of law or when the decision involves arbitrary exercise of judicial discretion...........
