Criminal Procedure Code, 1973, Section 154, 156(3) -- Two FIR's - There cannot be two FIRs against same accused in respect of same case - But when there are rival versions in respect of same episode, they would normally take the shape of two different FIRs and investigation can be carried on under both of them by same investigating agency...........
Criminal Procedure Code, 1973, Section 468 -- Limitation - Period of limitation u/s 468 Cr.P.C is to be reckoned from the date on which complaint is preferred by aggrieved party...........
Criminal Procedure Code, 1973, Section 397, 401, 216 -- Revision - Modification of charge - Dismissal of application - It is an interlocutory order - Revision thereagainst not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non-appearance of complainant on the date fixed without affording even a single opportunity is wholly unjustified - Default being singular ought to have been ignored by Court and to do substantial justice, it ought to have..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed even when charge sheet is filed, provided a satisfaction is reached, inter alia, that either FIR and charge-sheet read together, even when accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations levelled in the FIR are mostly vague and general in nature - Complainant and accused severed their ties and they both settled in their respective lives abroad - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Courts while granting bail are required to consider relevant factors such as nature of accusation, role ascribed to accused concerned, possibilities/chances of tampering with the evidence and/or witnesses, antecedents, flight risk et al...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Bail - Cheating - Financial irregularities committed by Society - Respondent was a close associate of Society with regular business - Investigation also indicates that out of the monies withdrawn from the Society's account by respondent investments were later made..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition of deposit 20% amount of compensation - Appellate Court while considering application u/s 389 Cr.P.C, has to consider as to whether it is exceptional case which warrants grant of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
