Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Dishonour of cheque - Re-examination of witness - Witness having no personal interest in dispute and in no manner directly or indirectly connected with dispute except as an official representative - If petitioner apprehends any..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In order to claim benefit of presumption, there must at least be basic allegations specifying the obligation for which accused issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When cheque is claimed to relate to a large liability, complainant should at least make basic allegations regarding total amount due, sale consideration fixed and date of agreement, payment schedule etc...........
Indian Penal Code, 1860, Section 420, 419, 465, 467, 468, 471, 120B, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Cheating - Forgery of educational credentials, impersonation and conspiracy - Quashing of proceedings - Investigating agency conducted an arduous investigation, established links between petitioners and conspiracy and filed charge sheet - Even..........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Prevention of Corruption Act, 1988, Section 7, 17A, Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/s.7 PC Act and S.120B IPC - Quashing of FIR - Delay in obtaining prior approval u/s.17A PC Act - The investigation agency identified the petitioners as suspects on 2-8-2021, when they obtained search warrants against the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Four blows were given on head of deceased besides other blows, which shows clear intention of appellants to commit murder of deceased - Appellants rightly convicted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - All PWs narrated incident consistently - Incident had not occurred on the spur of moment or as a result of sudden quarrel - Appellants committed crime in the room of deceased and door was bolted from inside - PW1 and PW3 with the help of others had pushed the door forcefully thereby opening it -..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Dishonour of cheque - Summoning of accused - Drill of S.225 BNSS not followed before issuance of process - Summoning order set aside - Matter remitted...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
