Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of proceedings qua Director - If any Director or partner wants the process to be quashed on the ground that only a bald averment is made in the complaint and that he/she is really not concerned with issuance of cheque, he/she..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Gravity and seriousness of offence is a relevant consideration for purpose of grant of bail - However, while granting bail to accused, High Court has not discussed the role attributed to accused and his overt act in commission of offence - Order granting bail set aside...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused pleaded that he joined the investigation and charge sheet has been filed and since he was not arrested, he is thus, entitled to anticipatory bail - However, correct approach would have been for accused to apply for regular bail, as person need not be produced in custody on charge sheet being filed -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Maintainability - Trial Court dismissed application u/s 311 Cr.P.C. filed by petitioner holding that same was not bonafide and maintainable at end of trial - Held, the power vested u/s 311 Cr.P.C. can be exercised at any stage of trial - Thus, trial Court is directed to decide application afresh by testing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Court to conduct a simple and necessary inquiry and not roving inquiry for coming to conclusion that a prima facie case is made out for accused to stand trial...........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Criminal Procedure Code, 1973, Section 91 -- Bank account cannot be freezed on summons issued u/s 91 Cr.P.C...........
Criminal Procedure Code, 1973, Section 204(2) -- Provision of S.204(2) of the Code is directory in nature...........
Criminal Procedure Code, 1973, Section 204(2) -- Non compliance of provision of S.204(2) of the Code - Further proceedings not vitiated unless and until prejudice is caused or likely to be caused by not following the provision...........
