Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 482 -- Dishonour of cheque - Additional evidence - Accused was assigned to sell property belonging to complainants who sold their property belonging to complainants who sold their property and taken money from purchasers but not paid complainant - Cheques which were issued to..........
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Additional evidence at appellate stage - Re-examination of victim - Rape of 17 years old girl - Victim clearly stated in her evidence that she was 17 years on the day of occurrence and accused had made a false promise that he would marry her and against her..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Delay in filing application u/s 391 Cr.P.C cannot be held to be fatal, as appellate Court had suo moto power to exercise discretion u/s 391 Cr.P.C and call for additional evidence after recording reasons therefor...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Once Court allowed application u/s 391 Cr.P.C, Appellate Court was not justified in dismissing main appeal in which said application was filed, as interlocutory order allowing application would not survive independently once main appeal was dismissed...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Consent of complainant for closing his evidence, cannot be held against him while entertaining application u/s 391 Cr.P.C, as in any event, irrespective of his willingness or otherwise, appellate Court was always at liberty to exercise power independently u/s 391 Cr.P.C, once it was held..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Document sought to be produced is certified copy of a petition filed by complainant u/s 438 Cr.P.C seeking anticipatory bail - However, contents of document were very well within knowledge of petitioner at the time of leading evidence before trial Court - But accused did not produced the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - It is desirable that an application u/s 391 Cr.P.C. is heard immediately after it is filed without waiting for appeal to be finally heard...........
Indian Penal Code, 1860, Section 391, 395 -- Dacoity - Mere association with accused persons owing to family connection - Cannot give rise to inference of meeting of minds between accused on one hand and other accused persons on the other hand to commit dacoity...........
