Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Delay in filing appeal - Condonation of delay - Delay has apparently been caused due to red tapism in the office of District Magistrate - It cannot be accepted as a sufficient cause for delay - Moreover, case is virtually of no evidence - Delay cannot be condoned - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 378 -- First appeal against order of acquittal - High Court while dismissing appeal has not at all discussed or re-appreciated the entire evidence on record - In fact, High Court has only made general observations on the deposition of witnesses examined - However, there is no re-appreciation of entire evidence on record in detail,..........
Criminal Procedure Code, 1973, Section 378(1)(3), Indian Penal Code, 1860, Section 325, 326, 114, 504 -- Appeal against acquittal - Leave to appeal - Offence u/ss 325, 326, 114, 504 IPC - Trial Court has rightly found that prosecution has miserably failed to establish case and has rightly acquitted accused - No compelling reasons or infirmity to interfere with order of..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Reversal of acquittal is permissible only if view of trial Court is not only erroneous but also unreasonable and perverse...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - There is nothing on record as to how complainant was having the balance of this amount - Even, there is nothing on record regarding books of accounts - Courts below rightly acquitted accused from the charge u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Accused has taken specific defence that signature found on the cheque does not belong to her and she has not at all received sum of Rs.7 lakhs from complainant - Even, cheque was dishonoured for the reason that `drawers signature..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite judgment or to give fresh reasonings in acquittal appeals, when reasons assigned by Court below are found to be just and proper...........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Appellate Court in acquittal appeal is not required to rewrite the judgment or to give fresh reasoning, when reasons assigned by Court below are found to be just and proper...........
Negotiable Instruments Act, 1881, Section 138, 118, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Through cross-examination of complainant, accused has establish that complainant had no financial capacity to lend and accused had no necessity to borrow from him - Even , accused has establish that cheque..........
