Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prima facie evidence is on record to make it a triable case as against accused - Statement of PW18 and PW13 also support prosecution case regarding demand of huge money for extending benefit to father of informant - Accused rightly summoned as additional accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Issue that cheque was based upon a contingent condition - To be proved by leading cogent evidence by both the parties - High Court merely upon reading the conditions attached with invoice cannot conclude that other conditions which accused is required to fulfill have been..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 420, 406, 409, 457, 380, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Summoning of additional accused - Offence u/ss 420, 406, 409, 457, 380 IPC and Ss.13(1)(d), 13(2) of P.C. Act - Prima facie evidence on record which make it a triable case against accused - All PWs have..........
Criminal Procedure Code, 1973, Section 200, 202 -- Summoning of accused without recording evidence u/ss 200, 202 Cr.P.C is against the mandate of law - Summoning order quashed...........
Evidence Act, 1872, Section 3 -- Injured witness - Importance of injured witness in a criminal trial cannot be over stated - Unless there are compelling circumstances or evidence placed by defence to doubt such a witness, this has to be accepted as an extremely valuable evidence in a criminal trial...........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement given by complainant to I.O. cannot be called "a dying declaration" simply because he had mercifully survived - This is nothing more than a statement u/s 162 Cr.P.C...........
Indian Penal Code, 1860, Section 364, 364A -- Nature of offence - Prosecution miserably failed to establish the demand of ransom - Only deposition in Court regarding demand of ransom has come as a bald statement by PW5/father of complainant that when he was in the hospital co-accused demanded Rs.8,00,000/- as ransom - Co-accused has already been acquitted by trial Court -..........
Evidence Act, 1872, Section 3 -- Statement of a party - Absence of any contrary version or any rebuttal by the opposite party - Statement of such party cannot be discarded and has to be accepted as it is...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Family Court while passing impugned order in favour of wife relied upon findings passed in petition for restitution of conjugal rights that wife attempted to commit suicide due to cruelty meted out to her - However, in said order there is also clear finding that alleged physical assault..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Names of accused had transpired only when two of them were arrested by police in connection with secret information of they being in possession of fire-arms - Accused were arrested on suspicion and from their possession firearms were recovered - It was only after their arrest that PW1 stated that she had seen..........
