Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of revision - Application for suspension of sentence filed as an afterthought to blame earlier counsel against whom no complaint is lodged - Accused was neither taken into custody after passing of judgment..........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable, as powers of High..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
Criminal Procedure Code, 1973, Section 125, 397(2) -- Interim maintenance - Filling of revision petition - Maintainability - Since, interim maintenance order continues till final decision of an application u/s 125 Cr.P.C. and it does not decide the rights and liabilities of parties, thus Revision petition is not maintainable against interim maintenance...........
Criminal Procedure Code, 1973, Section 401, 378, Indian Penal Code, 1860, Section 323, 447, 147 -- Conversion of revision petition into appeal - Leave to appeal - Offence u/ss 323, 447, 147 IPC - Conversion of revision petition into appeal is legally permissible - However, in appropriate cases, that too at very threshold and not at a belated stage - Application to convert..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Wrong statement made by accused in revision petition filed against order of summoning them - Application u/s 340 Cr.P.C. not filed during pendency of revision petition - It was only when revision was dismissed that application u/s 340 Cr.P.C. was filed alleging that a wrong statement was made by accused regarding..........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Application u/s 482 Cr.P.C. - Maintainable, even if criminal revision filed by applicant is dismissed...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While exercising revisional jurisdiction, Court is only to see procedural error, irregularity and no, appreciating and non application of law - Re-appreciation of evidence is not desirable under revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 397, 401, 319 -- Revision - Dismissal of application u/s 319 Cr.P.C.- Revisional Court while remanding the matter back to trial Court exceeded its jurisdiction by issuing directions to trial Court to take cognizance against petitioners - As a matter of fact, if revisional Court found the order of trial Court laconic, it ought to have..........
