Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - There is a clear gap of over a month between incident and commission of suicide - Prosecution has failed to prima facie establish that appellants had any intention to instigate or aid or abet deceased to commit suicide - No doubt that a young woman of 25 years has lost her life in an unfortunate incident -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Mandatorily required averments - Missing in the complaint - Complaint quashed...........
Indian Penal Code, 1860, Section 193, 199, 200 -- Offence u/ss 193, 199, 200 - Offences were allegedly committed before a Tribunal - Tribunal is not defined as a Court - Therefore, it was not empowered to entertain such an application as prescribed under the law u/ss 195 r/w S.340 Cr.P.C - Only route available for appellant was to file a private complaint and Tribunal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioner had undergone total custody of 3 months and 6 days out of 6 months - Petitioner had already paid 55% of compensation amount - He has thus, undergone over half of sentence and paid more than half of compensation amount - Sentence reduced to period already undergone by..........
Criminal Procedure Code, 1973, Section 210, 223 -- Complaint and police case in respect of same offence - Applicants Nos.1, 2 and 3 are accused in police case as well as complaint case - However, they themselves prayed that their trial of police case as well as complaint case should not be conducted jointly - In such circumstances, directing to conduct trial of complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioners were sentenced to a period of one year S.I. - Both the petitioners have undergone more than one year in custody out of total sentence and also suffered agony and trauma of protracted trial - Sentence awarded to petitioners reduced to period already undergone by them -..........
Special Marriage Act, 1954, Section 4 -- Marriage between a Hindu and Muslim - Validity - There is a prohibition in personal law i.e Mohammedan Law that a Mohammedan boy cannot perform marriage with a Hindu girl - However, there is no bar, if marriage takes place u/s 4 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney holder is a competent person to file complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Process can be issued on the basis of contents of complaint, documents in support thereof and affidavit submitted in support of complaint - Magistrate has discretion and is not bound to call upon complainant to be examined to decide whether or not to issue process - Magistrate can rely upon affidavit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - If Power of attorney holder, who is aware of facts of the case and has made such an averment in the affidavit, is certainly competent to lodge a private complaint, even if such an averment is absent in the complaint...........
