Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Application for discharge - Dismissal of - Validity - Plea of accused that notice was not served to him within 30 days of communication of dishonour of cheque - Complainant's stand that notice was sent to accused at his address, but fully knowing well about notice sent to him through..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - Defence version/materials cannot be taken into consideration at the stage of discharge - At the stage of framing charge or considering an application for discharge the material produced by prosecution alone is relevant and not the materials produced by the accused...........
Indian Penal Code, 1860, Section 464, Criminal Procedure Code, 1973, Section 227 -- Making false document - Framing of charge - Prosecution allegation that accused allegedly gave fake visa to people for going to America and received money from them - Accused taking plea that he is entitled to discharge as document of visa was photocopy and thus secondary evidence - Held,..........
Criminal Procedure Code, 1973, Section 197 -- First charge sheet filed after obtaining sanction u/s 19 of the Corruption Act - Accused discharged u/ss 120-B, 420, 468 and 471 IPC for want of sanction for prosecution u/s 197 Cr.P.C. - Second charge sheet filed after obtaining sanction u/s 197 Cr.P.C. - Held, second charge sheet is maintainable and not barred as the..........
Indian Penal Code, 1860, Section 120B, 420, 468 -- First charge sheet filed after obtaining sanction u/s 19 of the Corruption Act - Accused discharged u/ss 120-B, 420, 468 and 471 IPC for want of sanction for prosecution u/s 197 Cr.P.C. - Second charge sheet filed after obtaining sanction u/s 197 Cr.P.C. - Held, second charge sheet is maintainable and not barred as the..........
Prevention of Corruption Act, 1988, Section 19 -- First charge sheet filed after obtaining sanction u/s 19 of the Corruption Act - Accused discharged u/ss 120-B, 420, 468 and 471 IPC for want of sanction for prosecution u/s 197 Cr.P.C. - Second charge sheet filed after obtaining sanction u/s 197 Cr.P.C. - Held, second charge sheet is maintainable and not barred as the..........
Criminal Procedure Code, 1973, Section 227, Dowry Prohibition Act, 1961, Section 3, Indian Penal Code, 1860, Section 376 -- Discharge of accused - Sexual intercourse on false promise of marriage - Father of victim approached father of accused for marriage but latter demanded Rs.5.00 lacs as dowry - Parents of both the parties had knowledge about their indulgence in sex -..........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge on the basis of defence evidence - Held, at the stage of framing of charge considering the defence evidence is per se illegal - For the purpose of framing of charge Court must weigh the material on record as well as the documents relied upon by the prosecution - Discharge of accused only on the basis of defence..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 467, 468, 472, 474, 420 -- Discharge of accused - FIR lodged against company - After investigation, charge sheet submitted against Directors - Directors moved application for discharge on the plea that there was no allegation that they were executing the functions of the company - Application..........
Prevention of Corruption Act, 1988, Section 19 -- Discharge of accused - After the charge is framed there is no power with the court to discharge the accused u/s 19 of the Act - There is no difference between the cases falling under the Prevention of Corruption Act or any other penal enactments, in so far as power of the trial court to discharge the accused after the trial..........
