Criminal Procedure Code, 1973, Section 167 -- Police remand - Once charge sheet was filed against all accused, it implied that no further custodial interrogation was considered necessary, rendering impugned order of dismissing application for granting police remand for further investigation being perfectly in consonance with law...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question involved a huge amount of Rs.14,08,000 - Plea of fraud taken by accused in his reply to application u/s 143-A of the Act has not been examined deeply or if noticed not been appreciated by Courts below by recording reasons - Order directing payment of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47 -- Bail - Non-intimation of grounds of arrest to relative of accused in writing - Arrest of applicant was made before date of judgment in Mihir Rajesh Shah case and grounds of arrest were intimated to applicant in writing and to his relative over phone - Mandate to furnish written grounds of arrest to arrestee as..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Company - Complaint by power of attorney holder - When attorney is totally unaware as to how when and why cheque was issued, he cannot prove execution merely on the basis of available record - Presumption will arise only when execution of cheque is proved - If complainants witness has no..........
Indian Penal Code, 1860, Section 365, 395, 34 -- Offence u/ss 365, 395, 34 IPC - Incident took place in the year 2017 - Nine years have elapsed - A3 and A5 were aged about 21 years and 24 years, respectively, when incident took place - No materials on record to show as to what was the result of case against remaining accused persons - A3 and A5 have no criminal antecedents..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred over a very trivial issue of filling of water from hand pump and getting hand pump muddy - There was no premeditation and act was done in a heat of passion - None of PWs in their deposition have stated that appellant after injured had fallen down had inflicted any further injury when..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Intention of accused is important for constituting offence u/s 306 IPC and not what is felt by deceased...........
Indian Penal Code, 1860, Section 306, 204 -- Abetment of suicide - Words "go away and die" made by accused in midst of wordy quarrel between accused and deceased in heat of passion without having any intention to instigate deceased to commit suicide, do not constitute offence u/s 306 IPC - Offence u/s 204 IPC also not attracted...........
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...........
