Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Deletion of names of two complainants sought before recording of pre-summoning evidence - Trial Court allowed the same - Held, neither illegal nor irregular...........
Indian Penal Code, 1860, Section 342, Criminal Procedure Code, 1973, Section 428 -- Wrongful confinement - Conviction - Alteration in sentence - No previous conviction proved against accused person - Further, accused was aged about 42 years at relevant point of time - Present case is of term imprisonment - There is no document or evidence that he ever misused privilege of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Petitioner is facing trial for the last 11 years - Respondents are least bothered to pursue the matter - It seems that respondents are not interested to led any evidence even before pre-charge stage - They only want to harass petitioner - Held, since the matter is listed on 19.04.2012 before..........
Criminal Procedure Code, 1973, Section 245,407 -- Discharge by trial court - Legality of - Held, trial court discharged accused Nos.3 to 9 and entertained their prayer for discharge in flagrant violation of mandate of solemn order of this court and decided questions of fact at pre trial stage without giving opportunity to both parties to adduce evidence - Order of..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant may be given on affidavit not only during course of trial but also at pre-summoning stage - Cognizance taken on basis of affidavit alone - Not fatal...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Delay in lodging FIR explained - Eyewitnesses related to the deceased - Veracity and truthfulness of their testimony cannot be doubted - Prosecution story is fully supported and corroborated by both the eyewitnesses - Testimony of eye-witnesses is fully supported by medical evidence - Evidence on record indicates that..........
Criminal Procedure Code, 1973, Section 311, 202 -- Additional evidence - Complaint case - Witnesses sought to be examined not cited in the complaint - Said witnesses not examined at the pre cognizance stage of the case - Witnesses sought to be examined medical experts and relevant documentary evidence pertaining to examination of the witnesses already placed on record -..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant on affidavit - Evidence of complainant may be given on affidavit not only during the course of trial but even pre-summoning stage i.e., before issue of process pursuant to S.204 Cr.P.C. - Provision of S.145 of the Act has overriding effect to the contrary provisions in..........
Prevention of Food Adulteration Act, 1954, Section 16A -- Summary trial - Trial Court adopted warrant case procedure - Prosecution was directed to lead pre charge evidence - No challenge at any stage to procedure adopted - No prejudice caused to accused - Occurrence took place nearly two decades back - Infractions related to a small quantity of `lal mirch' - Sentence..........
Criminal Procedure Code, 1973, Section 326(3), 262, 263, 264, 265 -- Summary trial - Use of pre-recorded evidence by a successor Judge - Bar as to - Held, provision of S.326(3) Cr.P.C. bars use of pre-recorded evidence by a successor judge only when the trial has to be conducted according to provision of S.262 to 265 of Cr.P.C. - It is not merely that it is a prohibition..........
