Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed in default - Merely on account of non-appearance of counsel or accused before lower appellate Court/revisional Court, appeal/revision cannot be dismissed as it requires adjudication on merits...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Disputed questions of fact arising in the case - Court cannot pre-conclude either guilt or innocence, without testing facts through trial - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201 -- Second bail application - Cheating - Accused placed on record zimini orders passed after dismissal of earlier bail application which are about 23 in number whereby trial Court repeatedly adjourned the case - Delay has been caused at the hands of prosecution - It is not a..........
Criminal Procedure Code, 1973, Section 110 -- Notice u/s 110 Cr.P.C - Mandate of S.110 Cr.P.C is not complied by issuing a show cause notice prior to issuance of notice u/s 110 Cr.P.C - Magistrate without making an enquiry on report and objection of petitioners, had directed petitioner to give security - Petitioners were not given an opportunity to defend themselves with..........
Criminal Procedure Code, 1973, Section 319 -- Summons - Section 319 of Cr.P.C. indicates that the power bestowed on the court to summon any person who is not an accused in the case when in the course of the trial it appears from the evidence that such person has a role in committing the offense - Therefore, it would be open for the Court to summon such a person so that he..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Paternity of son - Where purported father denies paternity, but refuses to undergo DNA test, such father is disentitled to deny paternity in a summary proceeding u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Mere statement of opposite party that alleged document is forged document is not sufficient for purpose of S.340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- Forgery or forged document - Proceedings u/s 125 Cr.P.C - Allegation that wife produced forged birth certificate of her son - However, no register, no document, no birth certificate issued in favour of any third party has been produced and exhibited before Court below - Mere statement of husband that alleged document is forged..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Proceeding u/s 125 Cr.P.C are summary in nature - Strict standard of proof of marriage is not necessary u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In proceedings u/s 125 Cr.P.C only prima facie proof of marriage was required to be seen - Claim of husband that there is no marriage in the eyes of law is required to be declared by a competent Court...........
