Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - S.145(1) of the Act does not confer a right on accused to give evidence on affidavit - Right available to a complainant to adduce evidence by affidavit in lieu of examinatio, i, chief, is not available to an accused...........
Evidence Act, 1872, Section 137, Criminal Procedure Code, 1973, Section 24(8), 225 -- Sessions trial - Defence witnesses - Cross examination by Advocate engaged by victim or de facto complainant after cross examination by Public Prosecutor - Not permissible as such Advocate is engaged only to assist the Public Prosecutor...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - As per evidence on record, complainant failed to produce any documentary evidence regarding consultancy provided by him and collaboration agreements - Even, there is no explanation for four years delay in issuance..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Complainant directed to produce on record documents of his handwriting written by him in the year 2013 - Complaint is pending since 2013 - Court has already made efforts to obtain FSL report and on sending admitted handwriting of complainant for FSL - There is thus,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Presence of complainant and PW2 at the place of occurrence is doubtful - Except evidence of said witnesses, no evidence relied upon by prosecution to strengthen its case - Rather version of defence as seen from evidence that complainant and accused person are related to each other and there was continuous enmity between..........
Evidence Act, 1872, Section 138 -- Cross-examination of complainant - Adjournment sought for cross examination due to non availability of counsel - Application for adjournment rejected and right of petitioner for conducting cross examination closed - Cross examination being valuable right of accused/petitioner, one opportunity is granted to petitioner to cross-examine..........
Criminal Procedure Code, 1973, Section 200, 190 -- Medical negligence - Private complaint against doctor - Private complaint should not be entertained against a Doctor unless complainant has produced prima facie evidence in the form of clear opinion by a competent Doctor in the same field to support a charge of rashness or negligence - Even a police officer cannot proceed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Examination of power of attorney as witness - It is not essential that complainant himself to be examined to prove a case u/s 138 of the Act - However, power of attorney who is examined as a witness in place of complainant, should have witness issuance of cheque and money..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Appeal against acquittal - Additional evidence at appellate stage - Complainant sought to produce income tax return and order of conviction of accused in some other cases for dishonour of cheque - Additional evidence, if considered does not improve the case of..........
Criminal Procedure Code, 1973, Section 239 -- Discharge - Accused facing trial for corruption case - Issues urged by accused and same having been refuted by complainant are such that they can be decided more appropriately and properly during trial after evidence is adduced by parties rather than at the time of deciding application u/s 239 Cr.P.C - Application rightly..........
