Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Expression `if it thinks additional evidence to be necessary' indicates that it is not the right of a party to lead evidence, but evidence ought to be such which appellate Court deems necessary to be led for a just decision of case...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Criminal Procedure Code, 1973, Section 301(2), 24(8) -- Engaging private counsel to assist public prosecutor - Victim's counsel has a limited right of assisting prosecution, which may extend to suggesting questions to Court or prosecution, but not putting them by himself...........
Criminal Procedure Code, 1973, Section 301(2), 24(8) -- Engaging private counsel to assist public prosecutor - There is no bar on victim engaging a private counsel to assist prosecution, subject to permission of Court...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought to be marked as additional evidence are not new documents - By marking of these documents, nature or course of case will not be altered - Documents have not been produced before trial Court due to inefficiency or inadvertence of person who conducted the case -..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C are subservient to adjudication by civil Court - If civil suit is pending, Executive Magistrate normally should not initiate proceedings u/s 145 Cr.P.C and relegate parties to file an application before civil Court in a pending suit particularly when in civil suit such order as may be necessary can be..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - S.10 CPC does not prohibit Court to proceed in civil proceedings even if some criminal proceedings are launched by parties concerned...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance - Court, having jurisdiction, takes cognizance of an offence, when it neither dismisses the complaint nor refers it for further investigation, and instead notices that allegations in the complaint, prima facie point towards commission of an offence, and on such awareness consciously proceeds further, leading to..........
Indian Penal Code, 1860, Section 500, 501, Criminal Procedure Code, 1973, Section 199(1) -- Offence u/ss 500, 501 IPC - Court can take cognizance upon a complaint made by some person aggrieved by the offence and not on the basis of final report filed by police...........
