Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Closure of evidence of complainant - Ample opportunities were given to complainant, however, he failed to avail the same and did not presented himself for examination - For his causal, unscrupulous and obnoxious behavior, he should be admonished and penalized..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149 -- Murder - Accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency - As the version of eye witnesses in specifically naming the appellants have been consistent throughout the trial - The principle of `falsus in uno, falsus in omnibus' does not..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C should be exercised only when strong and cogent evidence occurs against a person from the evidence...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Even in a case where stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in the FIR but not implicated in the charge sheet has gone, in that case also Court can summon those persons provided during trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Law as to: (i) Trial Court has undoubted jurisdiction to add any person not being the accused before it to face the trial along with other accused persons, if the Court is satisfied at any stage of proceedings on the evidence adduced that the persons who have not been arrayed as accused should..........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No cognizance can be taken by Magistrate in view of S.198 Cr.P.C, for an offence punishable under Chapter XX IPC except upon a complaint made by some person aggrieved by offence - But it does not include police report u/s 173(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 198, 2(d) -- Cognizance of offence - Offence punishable under Chapter XX IPC - No complaint was made in the case - Charge sheet itself is not maintainable - Cognizance order on basis of charge sheet is thus, vitiated - Impugned order to the extent that while summoning of applicants, Court treated the charge sheet as a complaint case..........
Criminal Procedure Code, 1973, Section 482 -- Summoning of accused - Trial Court while summoning accused has only referred to recording of statements of witnesses and has not chosen to comment on the substance of said statements while summoning the accused - Order of summoning of accused set aside...........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Nothing on record to suggest, even prima facie, that any of the ingredients of offence u/s 420 IPC are met in the case of appellant - No intent can be hinted to, where the appellant had willfully, with the intent to defraud, acted..........
