Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Offence u/ss 366, 376(2)(g) IPC - Complainant and prosecutrix belong to rural background, therefore, delay in lodging of FIR cannot be considered to be ground so as to give benefit to accused...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Once presumption arising u/s 118 r/w S.139 of the Act is raised, it can be rebutted by accused on preponderance of probability at trial - This can be done on basis of cross-examination of complainant and his witnesses, if any, and/or by leading independent defence..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of FIRs - Specific allegation against accused that they hatched a conspiracy and got registered sale deed executed in their favour, regarding property which falls in the share of complainant and already partitioned - Prima facie case found against accused..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 452, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against family members of husband - Applicants not lived with complainant - Husband of complainant not made accused - Change of version between version given in police station and version given out in complaint is..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Cheque amount with assessed cost and interest paid - Court can close the proceedings even in absence of complainant...........
Criminal Procedure Code, 1973, Section 245, 482, Indian Penal Code, 1860, Section 498A, 323, 406, 379, 504 -- Discharge - Offence u/ss 498-A, 323, 406, 379, 504 IPC - Complainant filed complaint against her i, laws - Discharge application of accused dismissed by Magistrate and quashing petition against the same also dismissed by High Court - No good grounds found to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Criminal breach of trust - Allegation that accused, railway officer took money from informants on false promise to appoint them in railways - As per contents of FIR, complainant never handed over any money to accused - No illegal act on part of petitioner to induce informant to part with money - Prima facie no..........
Criminal Procedure Code, 1973, Section 311 -- Cross-examination of complainant - Complainant was harassed as he appeared on various dates but no cross-examination was carried - Accused misused magnanimity of Court by delaying proceedings - However, accused is granted one opportunity to cross-examine complainant subject to cost of Rs.5000/- - Application allowed...........
Indian Penal Code, 1860, Section 336 -- Offence u/ss 336 IPC - Vicarious liability - Neither in investigation nor in evidence of complainant it has come on record that Hospital or its directors were involved in larger conspiracy or that they committed the offence with requisite mens rea required for offence alleged - Impugned order of summoning and proceedings pursuant..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note handwritten - Accused acquitted as : (i) Only signatures tallied; (ii) Entire scription not compared with handwriting of deceased; (iii) Prosecution failed to prove that contents of suicide note were also written in the handwriting of deceased; (iv) There was no standard signature on the suicide..........
