Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Complainant claims that accused committed default in payment of loan - It was not the case of accused himself that loan was prematurely recalled or that was not due as on date of issuance of cheque or presentation of the cheque as the case was denial of availment of loan itself - However,..........
Indian Penal Code, 1860, Section 448, 354, 506 -- Offence u/ss 448, 354, 506 IPC - Evidence of all PWs is cogent, reliable and trustworthy - However, trial Court committed an error in not considering the evidence of PWs in correct prospective though evidence of PWs were corroborating with each other - Accused acquitted on some minor inconsistencies which were not fatal to..........
Criminal Procedure Code, 1973, Section 372 -- (prior to amendment) - Appeal against acquittal - Appeal filed after 14 years of judgment of acquittal and even after 7 years of amendment having been enforced - Prior to amendment in S.372 Cr.P.C, only State Government could have filed appeal that too along with an application for granting leave to appeal - Appeal not..........
Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25 -- Murder - Benefit of acquittal on parity basis - Cases of both co-accused and present accused stand on same footing - If after considering the matter, benefit is given to accused, similar benefit ought to be extended to co-accused - Co-accused acquitted...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - S.401(3) Cr.P.C prohibits/bars High Court to convert a finding of acquittal into one of conviction - Order of conviction by High Court while exercising revisional jurisdiction u/s 401 Cr.P.C is unsustainable, beyond scope and ambit of S.401 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Revision against order of acquittal at the instance of victim or complainant as the case may be, shall not be entertained and victim or complainant, as the case may be shall be relegated to prefer appeal as provided u/s 372 or S.378(4) Cr.P.C, as the case may be...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Where under Cr.P.C appeal lies but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per S.401(5) Cr.P.C - However, subject to High Court being..........
Criminal Procedure Code, 1973, Section 378 -- First appeal against order of acquittal - High Court while dismissing appeal has not at all discussed or re-appreciated the entire evidence on record - In fact, High Court has only made general observations on the deposition of witnesses examined - However, there is no re-appreciation of entire evidence on record in detail,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
Criminal Procedure Code, 1973, Section 378(1)(3), Indian Penal Code, 1860, Section 325, 326, 114, 504 -- Appeal against acquittal - Leave to appeal - Offence u/ss 325, 326, 114, 504 IPC - Trial Court has rightly found that prosecution has miserably failed to establish case and has rightly acquitted accused - No compelling reasons or infirmity to interfere with order of..........
