Indian Penal Code, 1860, Section 420, 406 -- Cheating - Business transaction between parties - Complainant has not completed the work and work was further executed through third party and if such dispute is there that too in a case of commercial transaction, criminal action cannot be allowed to continue - Proceedings quashed...........
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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Recall of complainant for cross-examination - Statutory presumption u/s 138 of the Act against accused has to be dislodged by way of materials and cross-examination - Admittedly, complainant was not cross-examined - Cross-examination of complainant is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Accused by way of additional evidence sought examination of mother of complainant - Specific case of complainant is that accused borrowed loan from his mother and she issued cheque in favour of accused which got..........
Criminal Procedure Code, 1973, Section 401, 402, 403 -- Revision - Filed by accused against order of refusal to discharge accused - Whether victim/complainant can be impleaded - Victim/complainant though has a right to be heard in revision proceedings, but have no right to be impleaded in said revision proceedings...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court while dealing with cancellation report filed in matrimonial case especially where complainant accepted such cancellation report, ought to proceed in a compassionate manner and not with a pedantic approach...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of complainant reiterating the contents of FIR/complaint not substantiated by any credible material cannot be a ground to invoke the discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Grant of interim maintenance - Appeal - Impugned order passed by Additional Sessions Judge in an appeal was only granting interim monetary relief of Rs.5000 p.m towards rent for alternate accommodation to complainant - No such order has been passed which is criminal in nature - Filing of appeal u/s 482..........
