Criminal Procedure Code, 1973, Section 357A, Indian Penal Code, 1860, Section 379 -- Victim compensation - Theft - Complaint was lodged against unknown persons - Accused were not traced even after seven years - Petitioner is undoubtedly a victim and they lost their jewels - Compensation to victim is mandatory even when offender is not traced or identified but victim is..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447(2) -- Dishonour of cheque - Transfer of complaint - Apprehension that presiding officer is biased - Allegations are speculative and unsupported by any substantive material - Rather than indicating a real likelihood of bias, they reflect an attempt to delay proceedings -..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Complaint against sick company - There is no embargo on filing a complaint u/s 138 of N.I. Act against a sick company - Even if there is a restraint order u/s 22-A of SICA, nature of restraint order and facts of case would have..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Complaint against sick company - Restraint order u/s 22-A of SICA did not restrain accused/company to draw on its assets to meet its day-to-day operations - Cheques in question were issued to discharge liability of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Complaint filed after 4 years from the incident without good explanation - Not only appellant was dragged into criminal proceedings but even parents of appellant were arrayed as accused - None of allegations levelled in complaint are substantiated by any other independent evidence on record -..........
Companies Act, 1956, Section 397, 398 -- Jurisdiction of NCLT - NCLT/CLB possess a wide jurisdiction to decide all such matters that are incidental and/or integral to complaint alleging oppression and mismanagement - Such power is however, subject to any other legislative enactment specifically debarring NCLT/CLB from exercising its powers in this respect...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Where there is a simple/curable infirmity in complaint and it does neither change the nature of complaint nor cause prejudice to accused persons, a formal amendment in complaint may be permitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Modification of a complaint may be permitted where cognizance has not yet been taken and alteration does not alter the essential character of complaint, defect sought to be rectified is one which can be cured through a formal amendment and where such modification does not result..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against accused as proprietor of firm, whereas cheque was issued by partnership firm and partnership firm not arraigned as an accused - Non impleadment of firm is a curable defect - Effective trial not yet commenced - Complainant permitted to file an application..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - It has to be established that the woman had been subjected to cruelty continuously/persistently or atleast in close proximity of time of lodging of complaint...........
