Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheques - Four cheques - Single complaint - Magistrate at the time of framing charge has to decide whether all the four cheques pertain to the same transaction - If it is so, then single complaint is maintainable - In case all the four cheques do not relate to the same..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder - PW1 telephonically informed about incident to police on the day of incident - Police registered complaint next day in the morning after inquest panchnama - Prosecution not examined Police constable as a witness - Police may have reached the hospital, as..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2) -- Double jeopardy - Principle of double jeopardy is attracted where a person is either convicted or acquitted previously and that too for the same offence - Dismissal of complaint or discharge is not acquittal for the purpose of S.300 Cr.P.C...........
Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151 -- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 179 -- Offence u/s 498-A IPC - Jurisdiction - Court at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives, depending on factual situation, also has jurisdiction to entertain complaint u/s 498-A IPC...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 34, 120B -- Cheating - Criminal complaint and police complaint simultaneously - Dispute regarding property was under litigation at different stages - First round of litigation was civil litigation - Complainant had resorted both the remedies i.e police case and complaint case, whereas proceedings in complaint case were..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), 195(1)(b)(ii), 340, Indian Penal Code, 1860, Section 193, 471 -- In absence of complaint in terms of S.195(1)(b)(i) & (ii) r/w S.340 Cr.P.C. is filed, the petitioner cannot be prosecuted for the said offences by directing registration of offence u/ss 193 & 471 IPC and the order directing registration of above-stated..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Cruelty - Dowry demand - Allegation against relatives of husband - No justification or/and prima facie case to proceed against appellants either jointly or severally for commission of offences alleged..........
Protection of Women From Domestic Violence Act, 2005, Section 28, 32, 12, Protection of Women From Domestic Violence Rules, 2006, Rule 15(6), Criminal Procedure Code, 1973, Section 468 -- Domestic violence - Limitation - Complaint not filed within one year of the incident - Proceedings quashed...........
