Negotiable Instruments Act, 1881, Section 138, 141, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Offence by Company - Quashing of summoning order - Once cheques stood drawn on behalf of company, arraigning of Company as an accused is imperative - However, since there is no recital regarding compliance of S.138 r/w S.142 of the N.I. Act..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Allegation that appellant tampered the documents in question in order to secure admission in BSW Part III course - However, passing of alleged document through the hands of several persons before it was detected as forged renders unsafe to arrive at a conclusion that appellant had authored the..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Documents in question were stamped by college authorities and passed through administrative scrutiny - In the absence of evidence that appellant had dishonest intention to either make false document or knew of its falsity while submitting it, mental status or mens rea remains unproved -..........
Indian Penal Code, 1860, Section 354, 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Nature of offence - Direct allegation of touching private parts of victim and also at the same time, appellant touching his private organs, is alleged by victim in her statements - Conviction recorded u/s 376(AB) IPC and u/s 6 of POCSO Act not sustainable..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Allegation that accused was entrusted with provident fund deductions of employees and had dishonestly misappropriated or converted the same, thereby attracting mischief of offence u/s 406 IPC - However, entrustment has not been proved - None of employees examined alleged misappropriation or withholding of..........
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..........
