Evidence Act, 1872, Section 154 -- Hostile witness - Evidentiary value - Part of statement that supports case of prosecution can always be taken into consideration - In case, where sole eye-witness can give graphic account of events and if such statement is corroborated by other evidence, then, such statement in face of hostile witness can still be a ground for holding..........
Evidence Act, 1872, Section 27 -- Recovery - Weapons of crime - Not made in conformity with provisions of S.27 Evidence Act - Memos do not bear signatures of accused upon their disclosure statements - All recovery witnesses have turned hostile - Knife recovered from appellant was not blood-stained while knife recovered at behest of co-accused was blood-stained - Report of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Complainant has proved beyond doubt that there was loan transaction between parties and applicant/accused gave cheque of Rs.1,50,000/- which got dishonoured - Notice of payment was given and thereafter, criminal complaint was lodged within time - Held, trial Court as well as..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Parameters to be considered while considering application for anticipatory bail:- (i) Nature and gravity of accusation and exact role of accused must be properly comprehended before arrest is made; (ii) Antecedents of applicant including fact as to whether accused has previously undergone imprisonment on..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial - Accused cannot be convicted on the basis of evidence recorded by predecessor Magistrate - In a summary trial only substance of evidence has to be recorded - Therefore, the Magistrate who has recorded such substance of evidence is in a position to appreciate the evidence led before..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision against - Imposition of sentence of simple imprisonment for one year with further direction to pay compensation of Rs.2 lacs to complainant - Denial of petitioner to pay even cheque amount what to talk of compensation amount as ordered by trial Court - Prayer of petitioner that..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323,325,34 -- Probation - Offence u/ss 323, 325, 34 IPC - Conviction - Release of accused on probation - Accused a first offender and also a government employee - Not convicted or sentence in any other case prior to this offence - Grievous injury caused on non vital party of body - Occurrence..........
Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Conviction - Execution of cheque not in dispute - Plea taken by accused that no legal debt payable by him as cheque in question was issued as security - Plea falsified by DW1 who categorically stated that accused took loan from the complainant - Revision dismissed...........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 20 -- Ganja plant found cultivated by the side of drain of house of appellant - Convicted - Appeal against - No evidence that said drain was private drain of appellant or public drain - Neither any evidence on record that ganja plant seized from exclusive and conscious possession of appellant - Moreover, after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Case of complainant/respondent that cheque issued by accused/petitioner towards price of cement and bricks etc. purchased from him got dishonoured - Except bald assertion made by complainant in complaint and reiterated on oath in his deposition that he is sole proprietor of M/s..........
