Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 420 -- Delay in lodging of FIR - Cheating - Complainant immediately after the occurrence had approached competent authority and furnished information about wrongful withdrawal of Rs.40,000 from his account through ATM - Therefore, there has been absolutely no delay in getting FIR registered...........
Criminal Procedure Code, 1973, Section 29 -- Sentence - Jurisdiction of trial Court - Trial Court does not have jurisdiction to impose life imprisonment for remainder of accused's life...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of PWDV Act - Applicability of S.468 Cr.P.C - There is no offence committed in terms of provisions of the Act by the time application is preferred u/s 12 of PWDV Act - S.468 Cr.P.C not applicable to application u/s 12 of PWDV Act, as starting..........
Criminal Procedure Code, 1973, Section 468 -- Limitation - If filing of complaint or initiation of proceedings was within prescribed period from date of commission of an offence, Court would be entitled to take cognizance even after the prescribed period was over...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Summoning of witnesses - Accused can rebut the evidence of complainant by cross-examination, by examining his side witnesses and produce materials and documents to rebut the evidence of complainant to disprove the case of complainant...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ground of cruelty and harassment - Not a ground for non-payment of maintenance amount...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Only continuous and repeated acts of adultery and/or cohabitation in adultery would attract rigours of provision u/s 125(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Ground of adultery taken by husband for non-payment of maintenance to wife not established by him - Husband also failed to show that wife continues to be employed and has sufficient means to maintain herself - As regarding ground of desertion taken by husband, since husband had sought divorce..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - In a proceeding u/s 482 Cr.P.C, Court would not be in a position to conduct a roving enquiry into facts of the case...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Prima facie when an accusation has been made, Court would not embark upon appreciation of material in a petition u/s 482 Cr.P.C for quashing of proceedings...........
