Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - Enhancement of sentence - S.386(b)(iii) Cr.P.C expressly bar the appellate Court from enhancing the sentence in an appeal filed by accused from a conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - In an appeal from conviction, appellate court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court of competent jurisdiction subordinate to such appellate Court or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 34, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - No individual was named in FIR, nor was their identity disclosed - Accused had covered their faces with cloth - Complainant did not express suspicion against any individual nor did he mention any enmity or rivalry with anyone in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 402 -- Dishonour of cheque - Conviction - Appeal by accused in Court of Sessions - Complainant filed revision petition before High Court - Revision petition filed in High Court ordered to be transferred to Court of Sessions...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Charge sheet was filed within 180 days but same was not accompanied by FSL report - FSL report was filed as part of a supplementary charge sheet filed beyond 180 days from the date of arrest of petitioner and after he applied for statutory..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Benefit of suspension of sentence cannot be denied to accused merely because another trial is pending against him...........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012 -- Bail - Child victims - Directions issued to Secretary, Department UP Government to ensure that proper formats of reports to be submitted by Child Welfare Committee (CWCs) Courts in bail applications under POCSO Act - Proper training programmes to build the capacity of CWCs..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
Criminal Procedure Code, 1973, Section 311, 285(3) -- Examination of witness through video conference/WhatsApp video call - Witness expressed her difficulty in travelling to Indian embassy i.e coordinator at the remote point - If Court forces them to visit Indian Embassy, given reluctance of witness to travel to Embassy, would cause lack of interest, unnecessary hardships..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Merely because the cheated amount is not recovered, relief of anticipatory bail cannot be declined to petitioner - Veracity of allegations is yet to be established by prosecution by leading cogent evidence - Petitioner has joined the investigation -..........
