Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional demand - When there is specific demand in respect of cheque amount then notice is not vitiated merely because additional claim incidental is made in the form of expenses incurred for clearance and charges...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 377 -- Bail - Rape - Testimony of prosecutrix is complete and 7 out of 14 witnesses have been examined - Accused is a young boy of 21 years and is in custody for the last more than 1-1/2 years - Trial is likely to take long time - Bail granted to accused with conditions...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - A person can be said to have instigated another person when he actively suggest or stimulates him by means of language, direct or indirect...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Dispute regarding re-payment of loan - Prima facie there is no material to show that accused has instigated deceased to commit suicide - Order framing charge quashed...........
Indian Penal Code, 1860, Section 323, 384, 506 -- Offence u/ss 323, 384, 506 IPC - Time, place and manner of incident forthcoming from witnesses are not only consistent but also in tune with their respective statements recorded u/s 161 Cr.P.C - Nothing could be elicited by defence to shake the credibility of PWs - Version of informant is akin to FIR story as well as..........
Indian Penal Code, 1860, Section 323, 384, 506, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 323, 384, 506 IPC - Benefit of probation - Incident occurred in 1994 when accused was only 43 years old and now he is 73 years old - Case is disposed of after 30 years - Keeping in view of age of accused, he be released on admonition under Probation of Offenders Act..........
Indian Penal Code, 1860, Section 376 -- Rape - Whether proper opportunity has been provided to the appellant during trial to defend his case - Copies of complete police papers and other documents as required to be supplied to the accused u/s 207 Cr.P.C. - Therefore, evidence of the victim shall be recorded in Vulnerable Witness Deposition Centre - Case is remanded...........
Indian Penal Code, 1860, Section 376 -- Rape - Whether proper opportunity has been provided to the appellant during trial to defend his case - Copies of complete police papers and other documents as required to be supplied to the accused u/s 207 Cr.P.C. - Therefore, evidence of the victim shall be recorded in Vulnerable Witness Deposition Centre - Case is remanded...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of accused insulting deceased by using abusive language or maltreatment will not by itself constitute abetment of suicide - Prosecution is obliged to prove and lead sufficient evidence capable of suggesting that accused intended by such act to instigate deceased to commit suicide...........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Simply because of fact that wife committed suicide in her matrimonial home, itself does not make her in-laws and husband liable for harassment and abetment to commit suicide...........
