Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Order passed u/s 143-A of N.I. Act - Revision before Sessions Court against such an order is maintainable, as order passed u/s 143-A of N.I Act is intermediate order and not interlocutory order...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Merits of evidence has to be appreciated only during trial by cross-examination of witnesses and scrutiny of Court and not at the stage of summoning of additional accused u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of summoning an accused there has to be a prima facie satisfaction of Court - Detail examination of witness and other witnesses is a subject matter of trial which has to begin afresh...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Once there is satisfaction of Court that there is evidence before it that an accused has committed an offence, Court can proceed against such a person - In the instant case, prosecution had fully made out its case for summoning three accused u/s 319 Cr.P.C, so that they may also face trial -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Complaint - Enquiry - Statement of complainant recorded - Complaint dismissed - No reason recorded as to why eight witnesses specially named not examined - High Court remanded the case - Order upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 20, 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Anticipatory bail - Nothing was recovered from accused or from alleged house of accused - There is nothing to support case of prosecution even as per assertions of police - Bail application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW3 for cross-examination - Cross examination of material witness/PW3 was closed by trial Court without providing any further opportunity to petitioner - Right of cross-examination is a valuable right in order to prove petitioner's innocence, therefore, it will be just and appropriate to grant one opportunity to..........
Criminal Procedure Code, 1973, Section 482 -- Return of passport - Direction to return passports of wife and son of appellant as a condition for release of appellant's passport was completely illegal and held, set aside...........
Criminal Procedure Code, 1973, Section 482 -- Return of passport - Neither passport was seized nor impounded - It was unauthorizely retained by respondent no.3/Regional Passport office - High Court directed the return of passport subject to deposit of a sum of Rs.10 lakhs - However, appellant was not aggrieved by said condition of deposit of sum of Rs.10 lakhs - Appellant..........
