Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant after recording the verification never remained present before trial Court for period of five years - Dilatory tactics on the part of complainant who set the criminal law in motion by filing private complaint..........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Court which issues proclamation u/s 82 Cr.P.C must record its satisfaction that accused in respect of whom proclamation is made, is absconding or concealing himself to evade his arrest and in case Court decides to issue proclamation, it must mention the time and place for appearance of accused in the order itself..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 3 cases - Concurrent running of sentences - First conviction of accused recorded in the year 2022 and thereafter he was convicted and sentenced in two cases in the year 2023 - Appeal filed by accused against conviction are pending - Having regard..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - Rule to deposit 20% of compensation amount at appellate stage is not an absolute rule but can be accommodate exceptions in exceptional..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting anticipatory bail accused directed to deposit Rs.2.5 crores with 10% simple interest every year - Condition imposed is not sustainable and same quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - If wife for her survival does some work, it may not disentitle her from maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Revision - Court at the revisional stage had not conclusively determined the rights of parties - If any new fact with regard to the income of parties is brought to the notice of Court below at any subsequent stage, Court would definitely consider it before recording a final conclusion with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Validity of marriage - Parties are residing as husband and wife for a considerable long time - No specific finding given by trial Court that wife is not legally wedded wife of husband while granting maintenance to wife - Maintenance rightly granted to wife...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court reversed the judgment of trial Judge and convicted accused - Findings of High Court are totally based on conjectures and surmises - High Court could have interfered in the criminal appeal only if it came to conclusion that findings of trial Judge were either perverse or impossible - No..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Investigation was incomplete on the day application u/s 167(2) Cr.P.C. was filed - Accused deserves to be enlarged on bail - Default bail granted...........
