Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - By mere statement that Directors were not involved in transaction cannot at this juncture be accepted, when they are being put to trial and the contention being tested on the basis of examination or..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal of application by Sessions Court - Appeal lies against such an order - Petition seeking anticipatory bail from High Court not maintainable...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Application for further investigation is maintainable even after commencement of trial...........
Criminal Procedure Code, 1973, Section 173(8), 397 -- Further investigation - Dismissal of application filed by prosecution - Revision by de facto complainant is maintainable...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Money laundering - Petitioner is not maintaining good health as he suffering from heart problems and even in custody he was examined by jail doctor and he needs urgent medical treatment - Petitioner is a first offender and since a complaint has already been filed no..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 2kgs and 515 grams of ganja - When quantity is less than commercial restrictions of S.37 NDPS Act will not attract and factors for bail become similar to offence regular statutes - Moreover, petitioner is first..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 409, 419, 465, 466, 471, Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), 13(2) -- Bail - Offence u/ss 409, 419, 465, 466, 471 IPC and Ss.13(1)(c), 13(1)(d), 13(2) of P.C Act - Socio-economic offence - Petitioner had joined the investigation as and when called by CBI - CBI not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Victim is employee, matured lady and working in Court and she would know consequences and legal remedies - Instead her keeping quiet for such a long time would make out a case for bail to petitioner - Petitioner is a first offender and one of relevant factors..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Perusal of order shows that on each date of hearing petitioner was represented by his counsel and on 18.11.2019, petitioner himself was appeared before trial Court - But non-appearance of petitioner or his..........
