Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Petition u/s 482 Cr.P.C - Petitioner already availed remedy of revision - She cannot be permitted to take recourse to S.482 Cr.P.C - Petition dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Interim order of maintenance passed u/s 23 of Act of 2005 - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 397 -- Revision - High Court dismissed revision petition on the ground that there are concurrent powers of revision vested with both High Court and Sessions Court, thus petitioner has to approach Sessions Court first - However, keeping in view the fact that matter is pending for the last 16 years, it is not appropriate to decide..........
Criminal Procedure Code, 1973, Section 397, 451 -- Revision - Maintainability - Order passed u/s 451 Cr.P.C is not interlocutory in nature, as it determines constitutional rights of party for return or disposing of properties - Revision against such order is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of revision - Application for suspension of sentence filed as an afterthought to blame earlier counsel against whom no complaint is lodged - Accused was neither taken into custody after passing of judgment..........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable, as powers of High..........
Criminal Procedure Code, 1973, Section 397, 401, 256 -- Revision - Maintainability - Order of acquittal u/s 256 Cr.P.C - Revision not maintainable against such order, provided the same is invoked appropriately and in a judicious manner...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
Criminal Procedure Code, 1973, Section 190(1)(b), 397(2) -- Order taking cognizance - Revision against - Maintainability - Order taking cognizance is an intermediary order and not an interlocutory order - Hence, revision petition is maintainable against such order of taking cognizance u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 397(2) -- Interim maintenance - Filling of revision petition - Maintainability - Since, interim maintenance order continues till final decision of an application u/s 125 Cr.P.C. and it does not decide the rights and liabilities of parties, thus Revision petition is not maintainable against interim maintenance...........
