Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380, 467, 468, 471 -- Anticipatory bail - Offence u/ss 380, 467, 468, 471 IPC - Petitioner had stolen cheque book from office of her son and misused the cheque book - Petitioner filed a complaint u/s 138 of the Act - Issue as to whether cheque has been duly executed or not is a matter which is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 506, 120B -- Anticipatory bail - Cheating - Entire case is based on documentary evidence - Moreover, loan has already been repaid by main co-accused - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - First FIR pertained to offences committed in the year 2019 after assurance was given by husband not to harass wife for dowry and treat her properly - However, despite assurance, all accused continued their demands and harassment - Second FIR though distinct and independent and based on separate transaction, but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4.3 kgs Ganja - Quantity of ganja seized is only 4.3 kgs which is not a commercial quantity - Bar u/s 37 NDPS Act not attracted - Bail granted...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Actual delay if any is only of three hours, which is acceptable in facts and circumstances of the case - Moreover, delay has been sufficiently explained in complaint itself, as sister of victim told to victim that they will wait for their mother to return from vegetable business - Moreso, it..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Cause of death is stated to be hanging - Petitioner stated that deceased had committed suicide on account of serious health issues as she was suffering from incurable disease - In these set of circumstances, sufficient exceptional circumstances are..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Complainant could not controvert fact that present petitioner was not a Director of company - Even, there is complete absence of averments in complaint that petitioner was in any way responsible for conduct of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 328, 341, 148, 149, 120B -- Bail - Offence u/ss 302, 328, 341, 148, 149, 120-B IPC - Petitioner is 55 years of age and is not involved in any other case - Nothing is recovered from petitioner - There are 22 witnesses out of which 16 witnesses are yet to be examined an thus, trial is likely to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 323, 506, 307, 325 -- Bail - Offence u/ss 147, 148, 149, 323, 506, 307, 325 IPC - As per version of co-accused, petitioner had not been mentioned in complaint to be one of the persons, who had participated in incident - Question as to whether, as per medical opinion, S.307 IPC is..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 406 -- Non-framing of charge u/s 406 IPC - Offence u/s 406 IPC not the offence of same genus as Ss.420, 468 & 471 IPC or a lesser offence - Unless a specific charge is framed u/s 406 IPC, trial Court erred in convicting accused - Conviction and sentence u/s 406 IPC set aside...........
