Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 2604 gms alprazolam - Recovery effected from house of co-accused `G' and three other co-accused were arrested alongwith `G' at the spot - Even, co-accused `T' stated that petitioner was also present at spot and had left it before he raid -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and her son - Denial of - Wife intentionally deserted husband taking child with her and remarried - First obligation thus, would be upon her to maintain child - Application for maintenance rightly rejected...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and her son - Denial of - Wife concealed factum of her re-marriage with two persons one after the other, while filing application u/s 125 Cr.P.C - She admitted that son born out of wedlock with husband, who was living with her parents and who maintain him - Moreover, wife herself is an educated woman having..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 420, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - No possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - Proceedings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 327, 34 -- Quashing of FIR - Offence u/ss 323, 341, 327, 34 IPC - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - When once disputes have been settled by mutual compromise, then no useful..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B -- Bail - Rape - As per allegations, it is highly improbable to accept on the face of it that petitioner, in the presence of his parents and sister has done so - Even, there is no medical evidence to support allegations which have come belatedly - Moreover, it is highly improbable..........
Criminal Procedure Code, 1973, Section 301(2), 24(8) -- Engaging private counsel to assist public prosecutor - Private counsel engaged by victim to assist public prosecutor cannot make oral argument/cross examine witnesses...........
Criminal Procedure Code, 1973, Section 301(2), 24(8) -- Engaging private counsel to assist public prosecutor - Victim's counsel has a limited right of assisting prosecution, which may extend to suggesting questions to Court or prosecution, but not putting them by himself...........
