Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Court has to record valid reasons while forming an opinion of not accepting repeated closure reports submitted by investigating agency and for passing an order for further investigation...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code,1860, Section 506, 118 -- Compromise - Quashing of proceedings - Non compoundable offences - FIR and proceedings can be quashed in the facts and peculiar circumstances of the case...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet was already filed - Supplementary charge sheet along with sanction was filed on the same day on which application for grant of default bail was moved - It would not entitle accused to grant of default bail - Application for default bail rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Acquittal u/s 256 Cr.P.C - Mistake on the part of advocate representing any party beyond knowledge of complainant should not act as a prejudice against his rights and contentions - Order of acquittal set aside...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power of Court to recall any witness already examined or to summon any witness can be invoked even if evidence of both the sides is closed so long as Court retains seisin of criminal proceedings - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court can call a witness not only on motion of either prosecution or defence but also it can do so on its own motion if conditions u/s 311 Cr.P.C are satisfied - All that is required is satisfaction of Court in relation to such evidence which appears to Court to be essential for just decision...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Daughter attained majority during pendency of proceedings - However, she will not be deprived of maintenance awarded by Family Court only on the ground that during pendency of proceeding she attained majority...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Husband has not disclosed his real income before Court below - He had made several defaults in payment of maintenance awarded by Court below - However, considering the changed circumstances relating to husband which has affected his earnings as he lost his job in Portugal, maintenance awarded..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction to register FIR - Where the complaint contains material particulars, mere fact that Magistrate passed order directing registration of FIR without recording any reasons, that itself cannot be reason to set aside said order...........
