Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406, 34 -- Dishonour of cheque - Transfer of two complaints to one Court for simultaneous disposal - Transfer of complaint from Exclusive Court to any other Court or to transfer trial arising out of FIR registered u/ss 420, 406, 34 IPC to Exclusive Court u/s 138 of the N.I. Act is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In order to attract liability u/s 138 of the Act, mens rea is not an ingredient...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 323, 504, 506, 452, Protection of Children from Sexual Offences Act, 2012, Section 5(m)(6) -- Quashing of summoning order - Rape - Trial Court clearly expressed his opinion that he perused all the record and clearly indicated that material placed before him is sufficient to proceed in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant specifically admitted receiving of part payment of Rs.4,00,000 from accused but categorically stated that cheque issued by accused for balance amount was dishonoured - Accused failed to prove the defence taken by him - Though accused set up a case that he had not issued any cheque but no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant specifically admitted receiving of part payment of Rs.4,00,000 from accused but categorically stated that cheque issued by accused for balance amount was dishonoured - Accused failed to prove the defence taken by him - Though accused set up a case that he had not issued any cheque but no..........
Indian Penal Code, 1860, Section 504 -- Offence u/s 504 IPC - Accused might have abused complainant but such abuse by itself and without anything more does not warrant subjecting accused to face a trial, particularly clear ingredient of intentional insult of such a degree that it could provoke a person to break public peace or commit any other offence - Offence u/s 504 IPC..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - Allegation in the FIR is that accused beaten up complainant for which he sustained multiple injuries - However, nature of hurt suffered by complainant in the process is neither reflected from first FIR nor charge sheet - Accused had the injuries suffered by him treated immediately after the incident - Offence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Right of accused to cross-examine the witness was closed on the ground that he failed to file an application u/s 145(2) of the Act - However, on the said date he was exempted from personal appearance - Accused thus, was not afforded reasonable opportunity to file application u/s 145(2) of the..........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Muslim Women (Protection of Rights on Marriage) Act, 2019, Section 3, 4 -- Cruelty - Pronouncement of Triple Talaq over Telephone - Practice of Triple Talaq has been regarded as oppressive and legislature has decided to suppress it by making it an offence punishable by law - Statue..........
