Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal subject to payment of costs to Legal Services Authority - When complainant does not want any further amount and appellant has expressed his inability to comply with the same, direction imposing costs on appellant to be paid to Legal Services Authority cannot be sustained in the eye of law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Limitation - Judgment of trial Court delivered on 23.8.2024 - Appeal filed on 29.10.2024 is within time...........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378 - Appeal against acquittal - An appeal against an order of acquittal in a proceeding preferred by complainant squarely falls within ambit of S.372 Proviso Cr.P.C...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Allegation that accused was entrusted with provident fund deductions of employees and had dishonestly misappropriated or converted the same, thereby attracting mischief of offence u/s 406 IPC - However, entrustment has not been proved - None of employees examined alleged misappropriation or withholding of..........
Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Malicious prosecution -- Suit for damage - Every acquittal is not a consequence of malicious prosecution - Law provides for compensation for malicious prosecution and not for wrongful or uncalled for or failed prosecution - Civil Court has to conduct an independent enquiry - Grounds of acquittal cannot constitute sole reason for grant of a decree in favour of plaintiff...........
Malicious prosecution -- Suit for damage - Plaintiff has not adduced any evidence apart from producing judgment of acquittal - Plaintiff failed to prove that prosecution was initiated against him without any reasonable or plausible cause and with an oblique motive - Thus, it may be a case of failed prosecution but cannot be labelled as that of malicious prosecution - Suit..........
Indian Penal Code, 1860, Section 376 -- Rape - Victim was all over a consenting party and she was neither coxed nor forced to perform fornication - Evidence brought on record, particularly victim does not inspire confidence to hold the accused guilty for an offence of rape - Material brought on record has been very prudently discussed and examined by trial Court and no..........
