Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 482 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Acquittal - Petition seeking leave to appeal filed alongwith application for condonation of delay of 28 days - Minor issues like absence of their main counsel on date fixed in trial Court, failure to give..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal by High Court - Considering the normal human conduct of taking deceased to hospital and other relations, delay of 2 hours in filing FIR is not inordinate - Witnesses are not independent and are related to deceased is no ground to discard their evidence -..........
Criminal Procedure Code, 1973, Section 378 -- Summoning of senior officials - Delay of 25 days in filing appeal against acquittal - Delay due to shortage of staff - Summoning of Chief Secretary and Law Secretary to have dialogue with regard to shortage of staff - Summoning order set aside - Senior Officials are extremely busy persons and they should be summoned..........
Criminal Procedure Code, 1973, Section 378(3), Limitation Act, 1963, Section 5 -- Condonation of delay - Leave to appeal - Delay of 57 days - Sufficient cause - Should be considered with pragmatism in justice-oriented approach rather than the technical detection of sufficient cause for explaining every day's delay - Order of High Court refusing to condone delay by holding..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Conviction u/s 294 & 332 IPC - Appeal against - Dismissed as time barred - Record not showing that scrutiny was carried out & counsel for appellant was informed about delay at the time of filing of appeal - It would be appropriate that applicant is allowed to move application for condonation of..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 378 -- Murder - Reversal of conviction - High Court reversed conviction on grounds of discrepancy in the time and place of occurrence, delay in forwarding FIR to the Magistrate and doubt about source of light in order to identify the accused - Held, using mild expression and standard of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(5) -- Dishonour of cheque - Complaint fixed for examination of complainant and his witnesses - Absence of complainant, witnesses and his counsel - Complaint dismissed - Revision dismissed by Sessions Judge on merits - Appeal against - No appeal lies against such an order - Even if it..........
