Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(2), (6), (8) -- Dishonour of cheque - Compounding of offence - Parties arrived at a settlement in terms of joint memo - Both the parties and their respective counsels have subscribed their signatures - Accused has deposited 75% of fine amount - He filed no objection for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 418, 465, 193, 196 -- Quashing of FIR - Cheating - Case is of the year 2017 and almost three years is completed but there is no progress by investigating agency either to file charge sheet u/s 173(1) Cr.P.C or to file any report as under relevant provisions of Cr.P.C - However, duty is cast..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband seeking divorce from wife on ground of adultery which is pending consideration - He failed to establish allegation of adultery made against wife in terms of sub-section (4) of S.125 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband pleaded that he had undergone vasectomy operation in 2005 and wife got pregnant in 2007, thus a presumption needs to be drawn against wife as to allegation of adultery - Plea rejected, as documents in support of the same produced by husband, but author of said documents not examined -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of proceedings - Cheating - Compromise arrived at between parties - Proceedings are essentially of civil nature - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C can be exercised by Court even at the stage when case is posted for judgment, as Court at any stage of any inquiry, trial or other proceedings can exercise power u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Murder case - Neither prosecution nor defence has filed application u/s 311 Cr.P.C - Sessions Judge himself having noticed mistake suo motu exercised power u/s 311 Cr.P.C and issued summons to PW30 only for purpose of producing and marking DNA report - But subsequently though other witnesses were examined,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 148, 149, Arms Act, 1959, Section 25, 27, 54 -- Bail - Attempt to murder - Once during trial injured person has failed to identify accused being one who has inflicted injuries upon him and trial is likely to take some time before same finishes, no useful purpose will be served by keeping..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 148, 149, 506, 120B -- Bail - Offence u/ss 307, 323, 324, 148, 149, 506, 120-B IPC - Accused kept on running away from law for a period of about 7 years after registration of FIR - However, accused remaining behind the bars for a period of 1-1/2 years after his arrest - PWs yet to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of additional witnesses by defence - Accused were granted last opportunity to produce their evidence in defence - Defence evidence closed later on - Even, thereafter, one effective opportunity was granted to accused subject to payment of costs -..........
