Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Since petitioner did not appear thereafter offence u/s 174-A IPC was registered against him - Issuance on no, bailable warrants - Anticipatory bail - Looking to nature of prosecution against petitioner u/s 138 of NI Act,..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 193 IPC - Offence u/s 193 IPC falls u/s 195(1)(iii) Cr.P.C., thus, no Court can take cognizance of an offence u/s 193 IPC, except on complaint in writing of Court during proceeding of which such offence is alleged to have been committed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 420 IPC - Dispute relating to receipt of cheque - Said dispute is of civil nature as necessary ingredients of S.415 IPC are not made out and no false representation was made - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 34 -- Anticipatory bail - Cheating - Sale of plot - No role assigned in the transaction to the petitioner - Nothing on record to show if any sale consideration was paid to petitioner by complainant - Petitioner was granted interim protection by Court and was directed to join investigation as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 147, 148, 149, 504, 114 -- Bail - Honour killing - Deceased and daughter of accused eloped and entered into inter caste marriage - Accused committed murder of deceased - Twice bail application of accused rejected and matter travelled to Supreme Court - Once Supreme Court declined to..........
Criminal Procedure Code, 1973, Section 357(3), Indian Penal Code, 1860, Section 307 -- Victim compensation - Offence u/s 307 IPC - Injured suffered injury at the hand of accused on the vital part i.e head and one of injury opined to be dangerous and grievous to life - Having regard to nature of injury caused and the manner in which entire incident occurred, ends of justice..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 18 -- Anticipatory bail - Offence u/s 3(1)(xi) of SCST Act - S.18 of SCST Act creates a bar for invoking S.438 Cr.P.C. - S.438 Cr.P.C., which is available to an accused in respect of offences under IPC, is not available in respect to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 354, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi) -- Anticipatory bail - Offence u/ss 323, 354, 452 IPC and S.3(1)(xi) of SCST Act - Accused in order to outrage the modesty of Scheduled caste woman entered into her house and caught hold of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406, 506, 323, 34 -- Cancellation of anticipatory bail - Offence u/ss 498-A, 406, 506, 323, 34 IPC - Matrimonial dispute - Nothing was said on merits while granting bail to accused and bail was granted as compromise was arrived at between parties - However, conduct of accused was not..........
Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Will - Issue about forgery and fraud regarding Will decided on merits by civil Court - FIR on same allegations that Will was forged and fabricated - Cannot be allowed - FIR quashed...........
