Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Manager of bank - Account statement of accused along with requisite clarification as to return memo is essential for just adjudication of case - No irreparable loss would be suffered by accused if application to summon Manager alongwith relevant..........
Criminal Procedure Code, 1973, Section 428 -- Set off - Benefit of set off u/s 428 Cr.P.C can be invoked only if detention is undergone by convict during investigation, enquiry or trial is in `same case'...........
Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Parties are in live-in-relationship and they both are major - They claim their decision to be based upon voluntarily will/option - Consequently, no authority or person should intervene or intercept their enjoyment of live-in-relationship - FIR quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - Family Court has power to recall and restore a proceeding u/s 125 Cr.P.C disposed of and dismissed due to non-appearance of applicant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Restoration of petition dismissed in default - An application for maintenance is not a complaint as defined in S.2(d) Cr.P.C. - Bar contained in S.362 Cr.P.C. is not attracted - Proceedings u/s 125 Cr.P.C. dismissed for non appearance can be restored...........
Criminal Procedure Code, 1973, Section 409 -- Withdrawal of case once assigned by Principal Sessions Judge to Additional Sessions Judge - Principal Sessions Judgment has no jurisdiction to withdraw/recall a case, in which trial/hearing has commenced before an Additional Sessions Judge as provided in S.409(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 117 -- Order to give security - Magistrate while ordering security u/s 117 Cr.P.C has to take into consideration status and position of person to decide quantum of security bond and cannot alter purpose of provisions from preventive to punitive by imposing heavy quantum of security/bond, which a person might be unable to pay - Demand..........
Criminal Procedure Code, 1973, Section 107, 117 -- Forfeiture of bond amount - Appellant is a daily wager earner and would not have proper means to arrange bond amount - Forfeiture of an amount of Rs.5 lakhs on ground of obstructing a public servant while on duty that too u/s 107 Cr.P.C is exceptionally high - Amount to be deposited by appellant is thus, reduced to nominal..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cannot be ordered merely for any perceived indiscipline on the part of accused before granting bail...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
