Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine himself as his own witness after defence evidence was closed - There is no bar to examination of accused as his own witness in disproof of charge against him before judgment - Complainant will not suffer any prejudice as..........
Criminal Procedure Code, 1973, Section 315 -- Examination of accused as defence witness - S.315 Cr.P.C not prescribed any time limit for invoking petition under said provision - Petition filed u/s 315 Cr.P.C thus, not hit by any legal bar expressly on the ground that it is belated - Unless convincing reason is available, Court cannot reject such petition - Order of..........
Criminal Procedure Code, 1973, Section 311, 315, 391 -- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of the case but rather..........
Criminal Procedure Code, 1973, Section 315 -- Defence evidence closed after giving ten opportunities - Accused now wants to examine himself as a defence witness - Accused could have appeared earlier - Accused is unnecessarily protracting the trial - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 315, Constitution of India, 1950, Article 20(3) -- Evidence of a accused person - An accused cannot be compelled to give evidence except on his own request in writing...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315 -- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious..........
Criminal Procedure Code, 1973, Section 315(1) -- Evidence of accused u/s 315(1) - Requirements to be fulfilled - Held, (1) there must be a trial in criminal court; (2) person applying to be examined under provisions of S.315 would be necessarily an accused; (3) when stage of invoking provisions of the said Act has reached i.e. to say after conclusion of record of evidence..........
Criminal Procedure Code, 1973, Section 315 -- Co-accused as a defence witness - Co-accused if willing to depose on behalf of accused he can do so provided he makes a petition in writing to the Court seeking its permission...........
