Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - All issues involves disputed question of facts and law and cannot be decided unless and until the parties go to trial and lead their respective evidence - No flaw or infirmity in proceedings pending before trial Court - Petition..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Court below rightly rejected application moved by accused as the same is subject matter of trial after prosecution evidence is led, defence evidence will be examined - Even, mediation has already been failed between the parties and..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court is not obliged to hear accused before any direction for further investigation is made...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation qua co-accused - Impleadment of accused as a party - Accused against whom no relief is sought for further investigation u/s 173(8) Cr.P.C, has no locus and/or any say in application for further investigation u/s 173(8) Cr.P.C - He is neither a necessary party nor proper party - Even proposed accused..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Changed circumstances - If trial Court in order to ascertain as to under what penal section charges should be framed against applicant, has made certain observations with regard to conduct of I.O of case, same could not provide any new ground to applicant for purpose of releasing him on bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d) -- Third bail application - Illegal gratification - There is no change of circumstances, since rejection of second bail application of accused, except period of detention - Keeping in view the fact that bribe money of..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Can be used only to prove contradictions and/or omissions - Such statement is inadmissible in evidence and cannot be relied upon or used to convict accused...........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint - Maintainability - Earlier complaint dismissed as no prima facie case was made out - Earlier complaint was not disposed of on any technical ground - Material adverted to in the second complaint was only in the nature of supporting material - Material relied upon in the second complaint was not such which..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376(2)(g) -- Delay in lodging FIR - Gang rape - FIR lodged after delay of 14 days - Incident was narrated to police and panchayat members - However, none of said functionaries considered it necessary to forthwith set law into motion - Only medical officers noted incident of gang rape in hospital..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application directly to High Court - Application for anticipatory bail to High Court direct is maintainable only when there are special circumstances - There can be no exhaustive or general exposition of circumstances in which an applicant may be held entitled to approach High Court directly - Special..........
