Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Complainant failed to lead evidence supporting her allegations against accused - Magistrate went through the entire records of case and passed a reasoned order holding that there is no sufficient ground to proceed against accused - Order dismissing complaint is proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Evidence produced by accused has no bearing on the merits of case - Accused even cannot deny the fact that though defence evidence was closed by trial Court but revisional Court granted three opportunities to accused to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Onerous condition - Grant of bail subject to onerous conditions is ordinarily in exceptional circumstances and cannot be as a matter of course...........
Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 is mandatory in a case where one of accused is residing at a place outside the jurisdiction of Magistrate - Non-compliance thereof will result into failure of justice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Evidence of witnesses on behalf of complainant shall be permitted to be taken on affidavit for conduct of inquiry u/s 202 Cr.P.C. - In suitable cases, Magistrate can restrict inquiry to examination of documents without insisting for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Quantum of maintenance awarded to wife is around 20% of income estimated by Court below is based on facts - No interference warranted in it - Court below rightly directed that amount paid by husband towards interim maintenance will be liable to be set off from the arrears of maintenance - However, keeping..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Search and seizure by Sub Inspector who was not posed as SHO - Non compliance of statutory provision of S.42 of the Act as only officers mentioned therein and so empowered can make arrest or seizure - Non compliance of statutory provision - Bail granted...........
Criminal Procedure Code, 1973, Section 107, 108, 109, 110, 111 -- Order u/ss 107 to 110 Cr.P.C - Order which does not contain the substance of information received, amount of bond to be executed, term for which it is to be in force and the number and character and class of sureties (if any) required, would be non est, as there is non-compliance of S.111 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second marriage by wife without getting divorce from her earlier husband - Wife not entitled to claim maintenance from her second husband...........
Criminal Procedure Code, 1973, Section 125, 482, Family Courts Act, 1984, Section 19 -- Maintenance - Order of maintenance passed by Family Court cannot be quashed u/s 482 Cr.P.C. as it is only Revision which lies thereagainst...........
