Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 239 -- Dishonour of cheque - Discharge - Case is tried as a summary trial - Procedure prescribed for summons case is applicable for summary trial - In case of summary trial or trial of summons cases, there is no provision for discharge of accused like S.239 and S.245 Cr.P.C - Application..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Appeal cannot be left pending just because a collateral issue or a question of mere procedural importance has cropped up which may demand calling for further evidence and may require inquiry...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Where death of one of accused is disputed and is contested and if Court cannot came to any concrete conclusion, it may register a separate miscellaneous case to decide upon death of such accused and to proceed with appeal of rest of accused...........
Criminal Procedure Code, 1973, Section 156, 482 -- Investigation - Direction to investigate in printed or written form and questionnaire be handed over to accused - There is no warrant for High Court to direct that investigation of a person who has been interrogated as a suspect in the conspiracy should be in printed or written form - Similarly it is inappropriate for High..........
Indian Penal Code, 1860, Section 376A, Protection of Children from Sexual Offences Act, 2012, Section 3, 5 -- Rape - Relationship between accused and prosecutrix was purely consensual in nature - Prosecutrix was not minor at the relevant time as per medical evidence - She changed her stand from stage to stage - No specification of date, time and months of sexual acts given..........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Leave to appeal - Can be granted where view taken by Court while acquitting accused is clearly unreasonable...........
Criminal Procedure Code, 1973, Section 125, Hindu Succession Act, 1956, Section 15(1)(c) -- Maintenance to wife - Death of wife - Recovery of arrears of maintenance accrued till her death - Impleadment of mother of wife - Deceased died during pendency of her application for recovery of arrears of maintenance - Decree of divorce already granted in favour of husband - Mother..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail obtained by stating wrong facts in affidavit and suppressing of earlier rejection of bail application by High Court - Order cancelling bail upheld...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 44, 45 -- Bail - Money laundering - Specific role attributed to accused - Registration of present complaint is sequel to registration of FIR for predicate offence - No final report was filed for predicate offence for past nine years - Accused is a Chartered Accountant by..........
