Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Solitary ground that cheques were stolen would be in the realm of disputed question of fact and would require evidence of parties - Petition for quashing cannot be entertained at this stage owing to existence of triable issues -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Trial of a case u/s 138 of the Act shall only be by a Court within whose local jurisdiction a cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account is situated...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea that notice was not served at the current address of accused - Notice sent by registered post to the address as given in Voter Identification Card and Driving License in the name of accused - Notice received back with postal endorsement "receiver is not residing at this address" - It..........
Indian Penal Code, 1860, Section 188, Criminal Procedure Code, 1973, Section 195(1)(a)(i) -- Offence u/s 188 IPC - Court cannot take cognizance of offence u/s 188 IPC without there being a complaint from public servant or his superior...........
Indian Penal Code, 1860, Section 505(1)(b), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 505(1)(b) IPC - Prosecution failed to explain as to how speech of accused had led to incitement to violence/public disorder - No prima facie case is made out against accused - Moreover, investigation of case has not revealed anything more against accused - FIR quashed...........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Accused and victim are major and have entered into nuptial knot - High School Certificate indicate petitioners are major - Police authority must determine veracity and authenticity of the documents and to assess first the age and then free will of the victim - In case it is found that victim of her own free will..........
Criminal Procedure Code, 1973, Section 361, Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 379, 34 -- Benefit of probation - No criminal antecedents against accused - Court is inclined to give them benefit of releasing them on probation of good conduct - Accused shall be released on probation of good conduct...........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Law as to: (i) husband cannot be fastened with liability to continue to pay maintenance u/s 125 Cr.P.C till wife invokes S.3 of 1986 Act if he is prepared to discharge his liability under said provision; (ii) husband is..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - For abetment of suicide, there must be a reasonable certainty to incite the consequence...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Deceased died because of consuming poisonous substance - However, facts reflect that deceased was hyper-sensitive girl aged about 16 years and feels herself humiliated among his family members, friends and in society on account of immoral act, misbehavior and..........
