Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Endorsement of `insufficient funds' - Itself shows that bank was prevented to honour cheque whether it was with respect to debt or liability for discharge and said question will only be examined by trial Court - Application for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Insufficient funds - Bank while returning cheque endorsed `insufficient fund' - On this count alone it can be said that accused issued cheque knowingly to defeat claim of complainant when accused`s account was insufficient to honour..........
Criminal Procedure Code, 1973, Section 323 -- Committal of case to Sessions Court - Power of Magistrate - S.323 Cr.P.C confers on Magistrate power to commit a case for trial to a Sessions Court at any stage of proceedings, if it finds that case is one ought to be tried by Court of Sessions - Contention that invocation of power u/s 323 Cr.P.C after framing of charge would..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of three cartridges - No fire arm or weapon recovered from petitioner nor had she extended any threat to any person of police official - Petitioner was not aware of being in alleged conscious and knowledgeable possession of cartridges in her baggage, especially when her..........
Criminal Procedure Code, 1973, Section 439 -- Bail - At the time of considering bail application it is neither necessary nor desirable to weigh evidence meticulously to arrive at a positive finding as to whether or not accused has committed offence...........
Criminal Procedure Code, 1973, Section 439, Companies Act, 2013, Section 212(6) -- Bail - Economic offence - Offence committed by petitioner is an economic offence of huge magnitude affecting economy of nation and interest of public/State - Active participation of petitioner in alleged commission of offence i.e fabrication of documents and discounting of same, manipulation..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Bail - Kidnapping and murder - There is absence of positive evidence as to identification of skeleton by matching of its DNA profile with that of mother of deceased - Petitioner is in custody since Oct 2017 - Only two witnesses out of 23 witnesses have been examined - Trial of..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3 -- Anticipatory bail - Bar contained u/ss 18, 18-A of SC/ST Act - Offence u/s 3 of the Act - Allegations made in FIR directly attributed to petitioner - Matter is under investigation and not completed yet - Custodial interrogation is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 28, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of psychotropic Substance - Commercial quantity - Information regarding recovery was received by NCB from CISF Control room, Airport - Investigation of the case is conducted in a very perfunctory manner - Even the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Bail - Short term parole bail - Cheating - Accused seeking short term bail on ground of marriage of his daughter, as his presence at the time of his daughter is must - Short term bail for three days granted to accused for performing marriage rituals of his daughter...........
