Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374 -- Dishonour of cheque - Conviction - Non-appearance of counsel - Dismissal of appeal - Validity - Petitioners filed appeal on 13.11.2009 - Notice was ordered on 16.11.2009 to respondent - Lower Court records received on 06.04.2010 - Appeal was adjourned to 21.04.2010 for hearing of..........
Criminal Procedure Code, 1973, Section 125, 62 -- Order granting maintenance - Review of - Held, order passed by trial Court in proceeding u/s.125 CPC is neither an order of acquittal nor a conviction - Equally, it is not a discharge order too - On husband's application, trial Court can modify/recall/review ex parte order of maintenance ordered, if circumstances so require..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Parties settled dispute amicably - Accused deposited a total sum of Rs.1,17,000/- with registry of High Court towards cheque in question - Accused also deposited 15% of cheque amount with State Legal Services Authority - Held, accused permitted to compound offence - Conviction set..........
Circumstantial Evidence -- Various circumstances relied on by prosecution relating to guilt fully established beyond doubt - Court is free to award conviction...........
Indian Penal Code, 1860, Section 363, 366 -- Love marriage - Girl in her statement u/s 164 Cr.P.C. stated that she married petitioner of her own will and living a happy married life - Possibility of conviction is very bleak - FIR and subsequent proceedings quashed...........
Criminal Procedure Code, 1973, Section 372 - - Right of appeal - Whether an appeal filed by victim invoking his right under proviso to S.372 Cr.P.C challenging acquittal or conviction for a lesser offence or awarding inadequate compensation is not maintainable on ground that State has filed an appeal against same order and for same purpose? - Held, appeal by victim is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Poppy straw - Recovery of 70 kgs. - Conviction on the evidence of official witnesses - In a case of this nature, it is better if prosecution examines at least one independent witness to corroborate its case - However, in the absence of any such witness, if the statements of police officers are reliable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of process - Held, at the stage of issuance of process, it is not necessary to record satisfaction that evidence so led before it is sufficient to record conviction - All that is required for Court at the stage of issuance of process is that a case has been made out for drawing proceeding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Poppy husk - Recovery of 39 bags each containing 35 kg. of poppy husk - Seal was not handed over by PW2 to independent witness - Held, this is not fatal to prosecution case when circumstances are not pointed out that case property was tampered with during investigation - Conviction calls for no..........
Indian Penal Code, 1860, Section 395 -- Dacoity - None of prosecution witnesses have claimed to have identified any of accused persons in Court - Court cannot on the basis of statements recorded in case diary convict the accused persons - Statements recorded in case diary can be looked into only for the purposes of aiding the Court and not for the purpose of coming to a..........
