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...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Criminal liability can be fastened only on those who at the time of commission of offence were in charge of and were responsible for conduct of business of Company - This has to be averred as a fact as there is no deemed liability of a Director in such cases...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Complainant has specifically stated that A-2 is Managing Director of A-1/Company and he was in charge and responsible for day to day affairs of company and was managing business of company at the relevant time - A-2 is signatory to cheques and it was he who issued cheques in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 72 -- Bail - Non-bailable warrant of arrest (NBWA) - I.O. has not waited for scheduled time and NBWA issued against petitioner is an affront to personal liberty of petitioner - Same appears to have no legal sanction of law, as NBWA should be last resort in a criminal case when issuance of Bailable Warrant would not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after recording of evidence of two witnesses i.e. after commencement of trial - No explanation as to why such amendment was not sought at initial stage or atleast before commencement of trial - Mere explanation given that Advocate before Trial Court took wrong plea, such contention..........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere expression of words without any intention to cause alarm cannot amount to criminal intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere presence of a lawyer in his capacity of discharging professional duty of either giving advice or suggestion cannot amount to intimidation...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Vague allegations unsupported by prima facie cogent evidence cannot constitute offence indicated u/s 506 IPC...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Prosecutrix improved her statement as recorded u/s 164 Cr.P.C. from that recorded u/s 161 Cr.P.C - No intention of criminal intimidation was prima facie established since prosecution of a person for criminal intimidation requires clear intention to cause alarm, irrespective of whether victim was alarmed or not..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - Allegation that two grown up persons had forcibly taken away a 19 years old girl and both of them committed rape upon her - However, medical evidence failed to support prosecution case though she was examined on the very next day of occurrence - Victim never stated in her evidence as to who amongst appellants had first..........
