Prevention of Corruption Act, 1988, Section 7A, Indian Penal Code, 1860, Section 120B -- Offence u/s 7-A of P.C Act and S.120-B IPC - Role of petitioner was duly established by trap proceedings conducted by ACB in furtherance of a larger criminal conspiracy along with co-accused - Special Judge took cognizance against petitioner and co-accused for hatching a criminal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Typographical error - Amendment sought from `Desi Ghee (Milk products)' to `milk' - Amendment sought when examination-in-chief of complainant had concluded and cross examination was pending - Considering stage of trial no prejudice will be caused to accused - Actual facts have..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(i), Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Default bail - Dacoity - When offence of dacoity, which is punishable with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, is under investigation, right to statutory bail arises as per S.187(3)(i) BNSS on completion of..........
Indian Penal Code, 1860, Section 377, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Unnatural offence - Medical evidence does not support statement of victim or his mother - Neither victim child nor complainant could disclose any date, time or month, when victim was subjected to sexual abuse for the first time or last time - Allegation that accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Order of dismissal passed on 14.9.2023 - However, as per evidence on record complainant was in custody for offences under NDPS Act and Arms Act from 20.4.2023 to 2.8.2024 - Dismissal order set aside and case remanded to trial court - Appeal allowed...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Complainant failed to prosecute his case due to incarceration - Long incarceration of complainant makes it impossible for him to manage and supervise the performance and functioning of his attorney...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Delay in lodging FIR - FIR lodged on next day of incident in the morning, as incident occurred in the evening and since in the month of November, days are short and police station was at a distance of 26 kms from house of victim - Delay had been duly explained - Therefore, no benefit can be granted to appellant...........
Indian Penal Code, 1860, Section 376, 342 -- Rape - Sole testimony of victim - If statement of prosecutrix is worthy of credence, it requires no corroboration and can form the sole basis for conviction...........
