Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Allegation that appellant had dishonestly used a fake NOC from Fire Department to obtain recognition/renewal of affiliation to run educational institution - However, NOC from Fire Department was not necessary for recognition/renewal of affiliation of educational institutions..........
Indian Penal Code, 1860, Section 361 -- Kidnapping - Element of non-voluntary leaving of minor from lawful guardianship on basis of force, promise or inducement or offer is an important aspect to attract penal provision - An eventuality may arise where minor voluntary and on his own accord, leaves lawful guardianship then in such circumstances applicability of S.361 IPC..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Victim stated that she was in talking terms with accused and had voluntarily left home as her family members have beaten her and electrocuted her - Mere being in talking terms with another person resulting in victim leaving home would not attract penal provisions - Material particulars and circumstances with regard to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Filing of application for condonation of delay is statutory mandate - Reasons for delay should be disclosed - Court to consider reasons disclosed independently and to come to a judicious conclusion that in the facts and circumstances of the case..........
Indian Penal Code, 1860, Section 467, 468, 471, 167, 120B -- Offence u/ss 467, 468, 471, 167, 120-B IPC - Testimony of complainant and CW1 suffer from material admissions and infirmities - Complainant failed to discharge the burden of proving ownership of dispute shop, alleged forgery of assessment register or any dishonest inducement by accused - Ingredients of offences..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from Ss.302, 307 IPC to Ss.304, 308 IPC - Nature of injuries which are reported in post-mortem report co-related with FIR - Trial Court while alerting the charge has gone into records of case i.e. Charge sheet, Chik F.I.R., Tahrir, Injury Report, Inquest Report including post-mortem report, Site plan and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Heated exchanges between families of both accused and appellant - There was no intention to abet or to cause any member of either family to take their own life when the appellant's family and victim's family had heated exchanges - These quarrels occur in everyday life and there was no instigation on the part of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 357A -- Aggravated penetrative sexual assault - Compensation to victim - Guilt of accused proved - Having regard to age of victim at the time of offence i.e. 11 years, nature of abuse she has been visited with and constitutional obligation to provide meaningful redress,..........
