Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - It was incumbent upon High Court while invoking power u/s 482 Cr.P.C to consider the question whether allegations would constitute the offence alleged against accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 504, 506 -- Quashing of proceedings - Cheating - Ingredients necessary to constitute offence u/ss 420, 406, 504 & 506 IPC not made out - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Accused summoned by trial Court after relying on FIR and statement of complainant and other witnesses recorded u/s 161 Cr.P.C - Revisional Court without considering material placed on record set aside the order of trial Court allowing application u/s 319 Cr.P.C - Order of Revisional Court set..........
Criminal Procedure Code, 1973, Section 468, Indian Penal Code, 1860, Section 406 -- Limitation - Offence u/s 406 IPC - Offence committed one and a half month prior to lodging of FIR - FIR lodged within period prescribed u/s 468 Cr.P.C - Proceedings cannot be quashed on the ground same being hit by S.468 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that application for extension is filed without any valid basis - However reasons given u/s 43D(2)(b) of Unlawful Activities (Prevention) Act, 1967, were clearly made out and explained in the extension letter - Police report u/s 173(2) Cr.P.C had already been submitted prior to last date of..........
Criminal Procedure Code, 1973, Section 357A -- Compensation - Complainant suffered grievous injuries and his left leg below his knee had to be amputated - Consequently, an amount of Rs.5,00,000 awarded to complainant as compensation u/s 357-A Cr.P.C., instead of Rs.1,00,000 as directed by High Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Cancellation of order granting suspension of sentence and bail - Violation of condition to deposit the amount - Total amount agreed to be paid by two directors has not been paid - Interim protection granted by way of bail and suspension of sentence would stand..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Cognizance of offence - Offence u/s 188 IPC - No Court can take cognizance of offence u/s 188 IPC in the absence of written complaint by officer authorized for that purpose in view of specific bar of S.195 Cr.P.C - Provision of S.195 Cr.P.C. is mandatory and non-compliance of it would..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Cognizance of offence - Offence u/s 188 IPC - Complaint not filed by officer who had issued proclamation u/s 144 Cr.P.C - Therefore, trial Court could not have taken cognizance of charge-sheet indicating offence u/s 188 IPC - Since, the other offences could not be separated, as genesis of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
