Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - While deciding petition u/s 482 Cr.P.C, Court cannot sit in trial or embark on an enquiry upon merits of case pending before trial Court - Power u/s 482 Cr.P.C to quash proceedings has to be sparingly exercised...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court while considering an application for bail must not go into deep into merits of matter such as question of credibility and reliability of PWs which can only be tested during trial...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 452, 506 -- Bail - Unnatural offence - Dispute for exchange of money - Prima facie accused and victim were in consensual relationship for a period of 2 years - There are applications for lodging FIRs against each other - Accused is in jail since 13.1.21 - Considering material on record,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B, Information Technology Act, 2000, Section 66 -- Bail - Cheating - Fake degree racket - Petitioners had created fake domains, fake websites of not only complainant university but of numerous other educational institutions/universities throughout country and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - On the ground of parity with co-accused - Accused is in custody since 16.2.2016 - Allegation against accused cannot be said to be standing on a higher pedestal than allegation against co-accused who already granted bail - Trial of case is not proceeded further and even charges are yet to be framed - Bail granted to..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for statutory bail not filed prior to filing of charge sheet - Application filed only after filing of final report - Indefeasible fight to seek statutory bail got over - It is not revived subsequently...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once charge sheet is filed within stipulated period, right of accused to seek statutory bail stands extinguished - Such a right does not get revived merely for the reason that Court has not taken the case on file and assigned a number...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Charge can be altered at any time before pronouncement of judgment subject to conditions set forth in S.216 Cr.P.C...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.13(2) of P.C. Act to S.13(1)(c) of P.C. Act - Evidence of case was already over and Public prosecutor stated that no witness was to be recalled or re-summoned or to be called or examined even after alteration of charge - Even, accused does not intend to recall or re-summon or examine any witness with..........
