Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Cheating - Appellant is in custody since 28.9.2021 - Total amount of proceeds of crime allegedly laundered by appellant is hardly Rs.1 crore - Bail granted to appellant subject to strict conditions that..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 504 -- Anticipatory bail - Offence u/ss 498-A, 323, 504 IPC - Appellant released on interim bail and thereafter he had remained present as and when called upon do so by Court - He is co-operating in proceeding further with trial - Interim bail granted to accused made absolute...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), (d) -- Bail - Appellant involved in a very serious financial scam - He is in custody since 1.11.2021 - Having regard to period of custody undergone by appellant as also the fact that High Court stayed the proceedings..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 341, 448, 354(b), 380, 336, 109, 147, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s)(w), 3(2)(va) -- Anticipatory bail - Attempt to murder - Appellants have co-operated with I.O. - Charge sheet has already been filed -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 195A, 294, 506 -- Anticipatory bail - Offence u/ss 195-A, 294, 506 IPC - Offence in question are triable by Judicial Magistrate First class and not a heinous offence - Anticipatory bail rightly granted...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Charge sheet quashed as civil wrongs made subject matter of criminal proceedings - Cost of Rs.50,000/- imposed on the State...........
Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Res judicata - Complainant cannot maintain a prosecution on basis of allegations which were precisely his defence in earlier proceedings wherein he was accused - Criminal proceedings quashed on this ground alone...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Matrimonial dispute - While exercising power u/s 482 Cr.P.C., Court is not required to test the correctness of allegations - But in matters arising from matrimonial disputes, particularly where the allegations are levelled after many years of marriage and that too, after one party initiates divorce..........
