Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Discharge - Magistrate does not have power to discharge accused upon his appearance in Court in a summons trial case based upon complaint in general and particularly u/s 138 of the Act once cognizance has already been taken and process issued u/s 204 Cr.P.C...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence subject to deposit of fine amount of Rs.1 lakh which accused failed to comply due to his poverty - Condition qua deposition of fine amount of Rs.1 Lakh stands recalled and Trial Court is directed to release appellant forthwith, in terms of other conditions imposed by Court...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Petitioner was found along with two other co-accused persons in the truck wherefrom contraband was allegedly seized - He stands on same footing as other two co-accused who have been acquitted - There are reasonable grounds to..........
Criminal Procedure Code, 1973, Section 482, Protection of Children from Sexual Offences Act, 2012, Section 22 -- Quashing of proceedings - Offence u/s 22 of POCSO Act - Crime registered against accused on the basis of information furnished by petitioners is only u/s 12 of the Act - Even if entire allegations levelled against petitioners is believed, same will not amount to..........
Bharatiya Nyaya Sanhita, 2023, Section 85 -- Cruelty - Complainant was previously married and has a minor child from said marriage - No decree of divorce dissolving earlier marriage has been placed on record - In the absence of dissolution of subsisting marriage, alleged subsequent marriage with accused is void-ab-initio in the eyes of law - Essential ingredient of S.85..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Embargo u/s 37 of the Act comes into play when liberty from custody is sought, not when accused is merely securing appearance pursuant to summons...........
Indian Penal Code, 1860, Section 399 -- Preparation of dacoity - A-1 alongwith two other accused named in charge sheet were found travelling with material articles by itself is not a ground to hold that they were making preparations to commit dacoity as alleged by prosecution - No evidence on record to show that petitioner/A-1 made preparations for committing dacoity -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Marriage between accused and defacto complainant was annulled by a competent Court - There was thus, no valid marriage between parties - Offence u/s 498-A IPC will not lie against petitioners - Proceedings qua petitioner quashed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Prosecutrix was about 12 years of age at the time of incident - She alleged that accused had repeatedly committed aggravated penetrative sexual assault upon her, video..........
Criminal Procedure Code, 1973, Section 227, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Discharge - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Complainant made specific allegation against accused that he abused her by calling her caste name in public place - Mere fact that in the statement of other witnesses no..........
