Criminal Procedure Code, 1973, Section 451 -- Release of property of interim custody - Entitlement to - Theft after house breaking took place a decade ago - Interim custody of stolen property refused on the ground that trial against one among accused remains to be completed - Held, it cannot be taken as a ground to deprive de facto complainant possession of articles stolen..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Magistrate considered ocular and documentary evidence adduced by complainant and proceeded to take cognizance of case - Held, no illegality or irregularity in issuing summon to petitioner/accused after taking cognizance of..........
Criminal Procedure Code, 1973, Section 482, 177 -- Quashing of proceedings - Place of incident - Jurisdiction of Magistrate - All the alleged incidents of demand of dowry are said to have taken place at "J" - Only date mentioned is 27.11.2005, on which date it is alleged that the daughter of complainant was sent to "M" in the clothes that she was wearing and since then she..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - After grant of interim protection by Supreme Court accused misused his liberty in creating hindrance to the investigation and continues to scuttle it and also intimidating and pressurizing the complainant a well as the prosecution witnesses - Order declining anticipatory bail, upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 437, 438 -- Dishonour of cheque - Cheque issued pursuant to agreement to sell got dishonoured - Agreement to sell is on record - Case of prosecution is that though it bears signatures of complainant, but body of writing was written later on - Held, all these matters have to be adjudicated..........
Criminal Procedure Code, 1973, Section 207, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7 -- CD tape containing conversation between accused and complainant and others - Prosecution directed to supply the complete transcript version of the CD to the accused - In case prosecution fails to supply the complete transcript version..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Weapon of offence produced after recording statement of complainant - Opportunity is required to be given to complainant to identify the weapon - Complainant be recalled and re-examined for just decision of the case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Trial - Production of documents - Rejection of application filed by petitioner/accused u/s.311 of Cr.P.C. for issuing direction to complainant to produce certain documents - It is not a case where adequate opportunity of cross-examining witness was not so..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(3), 177, 179 -- Dishonour of Cheque - Territorial jurisdiction to file complaint - Held, complainant can choose any one of those courts having jurisdiction over any one of the local areas within the territorial limits of which any one of the following five acts, the components of the..........
Criminal Procedure Code, 1973, Section 244 -- Discharge - Exercise of power - Held, while considering the question of discharge, Court is required to examine complainant and evidence - What is required to be seen by Magistrate is that even if allegations are uncontroverted it would not entail conviction of accused - While recording its findings that charges are groundless,..........
