Criminal trial -- Existence of a cross case does not constitute a ground to discard a complaint filed by opposite party on a rival version...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Settlement agreement was recorded only in civil Court and a decree passed in the suit - Complaint was neither referred to mediation nor was any compromise reported before trial Court - Criminal proceedings thus, continue to subsist independently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Mere existence of a compromise decree in a civil suit does not ipso facto render criminal prosecution non-maintainable, particularly when terms of settlement themselves contemplate withdrawal of complaint only upon fulfillment of specified conditions...........
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 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Convenience of wife is to be looked into whenever transfer of case is sought...........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Sought by husband - Merely because husband's mother is widowed aged lady is not a ground for seeking transfer of case - Application dismissed...........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Husband stated that he met with accident and sustained injury to his leg and he is not able to travel from Bengaluru to Chikkamagaluru to lead evidence - Said aspect is not made out a ground in the petition to be considered - Application..........
Criminal Procedure Code, 1973, Section 92, Evidence Act, 1872, Section 65B -- Telephonic conversations contained in pen drive - No evidence on record to identify voice of deceased - In absence of any accepted and definite evidence identifying voice of deceased, even if pen drive containing alleged conversation is taken on record, prosecution would have no evidence to prove..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Opinion of investigating agency does not bind Court and Court may independently exercise powers u/s 319 Cr.P.C., yet investigative conclusion remains a relevant circumstance in assessing whether evidence recorded during trial truly crosses higher evidentiary threshold...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
