Indian Penal Code, 1860, Section 420, 415, 418, 405, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Breach of contract would not attract breach of trust or cheating - Merely for breach of contract, criminal proceedings would not lie and the remedy in case of breach of trust is to sue for damages - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Bail during pendency of appeal against conviction - Contraband - Provision of S.52-A of NDPS Act were not complied with - Without expressing on the final merits of appeal, bail granted to accused...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - In a proceeding u/s 145 Cr.P.C, dispute with regard to possession has to be decided on the basis of statements put in, evidence recorded and hearing the parties and not basing on any documentary proof of ownership...........
Criminal Procedure Code, 1973, Section 146, 145 -- Order of attachment - There must be existence of situation over possession of disputed land which may cause breach of peace between parties prior to any order of attachment of disputed property is made - If there is no direct evidence of any likelihood of breach of peace, inability of Magistrate concerned to come to a..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - For the purpose of exercising its power u/s 482 Cr.P.C to quash criminal proceedings, High Court would have to proceed entirely on the basis of allegations made in the complaint or documents accompanying the same per se - High Court has no jurisdiction to examine the correctness or otherwise of..........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Order granting suspension of sentence to an accused can in no way mean that stay/suspension of conviction also automatically stands granted...........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Mere fact that an appeal has been preferred against judgment of conviction and final adjudication thereof would take time is not a ground by itself for granting an order of stay of conviction...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(2)(n), 506, 201, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w)(i) -- Stay of conviction during pendency of appeal against conviction - Rape - Victim belongs to SC community - Accused was a married man having three children - Stay of conviction..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An order allowing application u/s 311 Cr.P.C. should have specific reasons explaining how re-calling and re-examination of witnesses are necessary for the just decision of the case - Cryptic non speaking order would not suffice...........
