Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 342, 330, 385, 149 -- Sanction for prosecution - Offence u/ss 342, 330, 385, 149 IPC - Accused were working on different posts of Forest Department and were acting in discharge of their official duty at the time of incident - Court is thus, prevented from taking cognizance until and unless..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque if issued as an advance payment for purchase of goods and for any reason purchase order is not carried to its logical conclusion then cheque cannot be held to have been drawn for an existing debt or liability - Payment by cheque in the nature of advance payment indicates that at the time of drawl..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife cannot be proceeded with for the offence u/s 138 of the Act - Proceedings against wife quashed...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 498A -- Summoning of additional accused - Abetment of suicide - Cruelty - Accused implicated first time in statement of informant before trial Court - Story set up by witnesses during their testimony before trial Court has come up for the first time which is against the allegations of FIR and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354, 354A, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Compromise - Dowry demand - Compromise arrived at between parties and parties amicably resolved their dispute - Offences in question are of predominantly private in nature and no moral turpitude or..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Direction to pay 20% of cheque amount - Court below does not bear any reason as to why 20% of amount is awarded as interim compensation - Trial Court granted interim compensation just in a routine manner and there is no application of mind as to why said interim compensation..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Sole testimony of PW3 - Inordinate delay in recording of evidence of witnesses not explained by I.O - PW1 and PW5 have not supported prosecution case - PW3 is not wholly reliable - Conviction on sole testimony of PW3, without there being any corroboration to his evidence not justified - Benefit of doubt thus, given to..........
Indian Penal Code, 1860, Section 498A, 406, 504, 506, 34 -- Cruelty - No evidence on record that wife was subjected to cruelty - Only allegation is of being threatened on the particular day when absence of husband has been proved by documents - There is no material or evidence to show that there was entrustment and misappropriation as required u/s 406 IPC - Allegations..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Capacity to advance loan - As per Income tax return declared income was not sufficient to give loan of Rs.3 lakhs - Defence raised by accused satisfies the standard of `preponderance of probability' - Judgment of acquittal passed by trial Court confirmed and judgment of conviction by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings, post conviction, during pendency of appeal - Compromise - Proceedings emanating from matrimonial dispute - No embargo in exercising power u/s 482 Cr.P.C. to quash proceedings - Criminal proceedings quashed...........
