Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Complainant has specifically stated that A-2 is Managing Director of A-1/Company and he was in charge and responsible for day to day affairs of company and was managing business of company at the relevant time - A-2 is signatory to cheques and it was he who issued cheques in..........
Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Allegations against relatives of husband - Categorical admission of complainant that she had been residing separately from petitioners for nearly three years and had never shared a household with them - This admission strikes at the very root of allegation of cruelty - Proceedings qua..........
Bharatiya Nyaya Sanhita, 2023, Section 85 -- Cruelty - Complainant was previously married and has a minor child from said marriage - No decree of divorce dissolving earlier marriage has been placed on record - In the absence of dissolution of subsisting marriage, alleged subsequent marriage with accused is void-ab-initio in the eyes of law - Essential ingredient of S.85..........
Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Only allegation with some degree of specificity is against petitioner No.2 alleging an attempt to press neck of complainant - However, said allegation is conspicuously unsupported by any medical evidence or contemporaneous record - No injury report, hospital document, or independent..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Marriage between accused and defacto complainant was annulled by a competent Court - There was thus, no valid marriage between parties - Offence u/s 498-A IPC will not lie against petitioners - Proceedings qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Complaint filed before Special Judge under Prevention of Corruption Act - Direction to police for investigation - Special Judge has no power to order an investigation u/s 156(3) Cr.P.C. - Impugned order set aside - Complainant relegated back to pre cognizance stage -..........
Criminal Procedure Code, 1973, Section 227, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Discharge - Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Complainant made specific allegation against accused that he abused her by calling her caste name in public place - Mere fact that in the statement of other witnesses no..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Offence u/s 3(1)(r) of the Act - Mere knowledge of fact that complainant is a member of a SC or a ST is not sufficient to attract S.3(1)(r) of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Offence u/s 3(1)(r) of the Act - Merely on the fact that complainant is a member of SC or ST, offence u/s 3(1)(r) of the Act cannot stand, unless insult or intimidation is with intention to humiliate such a member of community...........
