Indian Penal Code, 1860, Section 376(D), 120B, 406, 294(B), 506(2), 328, 362, 114, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Accused is in custody since 10.11.2020 - Co-accused has already been enlarged on bail - Considering allegations made against accused in FIR, without discussing evidence in detail, bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel is no ground for recall of witness...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - In terms of S.437(6) Cr.P.C, bail ought to be granted, where trial is not concluded within a period of 60 days after first date fixed for prosecution evidence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 120B -- Bail - Cheating - Accused is in custody since 27.7.21 - As many as 55 PWs are to be examined by prosecution out of which only 5 have been partly examined - Trial of case ought to have concluded within a period of 60 days - Co-accused already granted bail - Bail granted to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 82, 83 -- Dishonour of cheque - Proclaimed offender - Quashing of proceedings - Parties compromised and complaint u/s 138 NI Act withdrawn by complainant - FIR along with all consequential proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91, 311 -- Dishonour of cheque - An application filed by complainant u/s 311 Cr.P.C. was allowed and evidence of PW2 was recorded and bank statement was exhibited - Accused filed an application to call Bank Manager in his evidence to rebut the evidence given by complainant - Prayer of..........
Criminal Procedure Code, 1973, Section 227, Prevention of Money Laundering Act, 2002, Section 3 -- Discharge - Offence u/s 3 of Prevention of Money Laundering Act - Accused No.1 already acquitted of the scheduled offence and present appellants not accused of any scheduled offence - Discharge application allowed...........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revision - Revisional Court while dismissing revision was not justified in pronouncing upon merits of case much less making observation that order of attachment is interlocutory order against which revision was not maintainable - Direction issued to trial Court to conclude proceedings u/ss 145, 146 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202 -- Summoning of accused - Non-consideration of cancellation report - Primary genesis of complaint is based on same facts on which FIR was lodged - Trial Court while summoning of accused to face trial ought to have considered cancellation report - Having not done so, summoning order quashed...........
