Indian Penal Code, 1860, Section 302, 34, 120B, 504, Explosive Substances Act, 1908, Section 3, 4 -- Double murder case - Bomb blast - Informant of case not supported case of prosecution - I.O also corroborated the fact that informant had not stated anything about bombs being thrown by accused - Two of the accused erroneously convicted and sentenced with death penalty and..........
Service -- Misconduct - Departmental proceedings and criminal proceedings - Acquittal in a criminal trial has no bearing or relevance on disciplinary proceedings as standard of proof in both the cases are different and proceedings operate in different fields and with different objectives...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Issuance of cheque by DW1 in favour of appellant company is not disputed - Even, PW2 deposed that respondent no.1 company took loan from bank and fixed deposit certificate was in name of appellant company was kept as a collateral security for said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused has succeeded in rebutting presumption, showing preponderance of probability and hence onus shifts upon complainant to prove otherwise, however complainant has failed to prove that cheque was drawn towards legally enforceable debt - Inference of preponderance of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - There cannot be elaborate details recorded to give an impression that case is one that would result in conviction or by contrast in an acquittal while passing an order on an application for grant of bail...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Reversal of acquittal is permissible only if view of trial Court is not only erroneous but also unreasonable and perverse...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It cannot be said that accused issued cheque in question in discharge of his legally enforceable debt or liability - Even, complainant failed to establish his case and therefore, there is no illegality committed by trial Court in acquitting accused - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - There is nothing on record as to how complainant was having the balance of this amount - Even, there is nothing on record regarding books of accounts - Courts below rightly acquitted accused from the charge u/s 138 of the Act...........
