Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Allegations alleged in complaint asserted to be false and accused denied of taking loan - Fact of taking loan can only be decided after parties adduce evidence - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Offence u/s 3 of SC/ST Act - Anticipatory bail - Complaint against petitioners that they abused complainant by referring to her community is false and mala fide - Complainant appears to be habitual..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 10 gms smack - False implication - Call details of accused is discarded by prosecution, which was proved by defence witness which shows that accused prior to her arrest had received phone calls from police officials which primarily shows that she was sought to be interrogated in a false..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of cruelty and misbehavior levelled against wife are vague in nature - Husband failed to refer any particular incident much less specific date to show that wife had misbehaved with him and his parents or inflicted such immeasurable agony on them so as to compel him to resort to extreme step of..........
Criminal Procedure Code, 1973, Section 340 -- Two conditions must be fulfilled for entertaining complaint filed u/s 340 Cr.P.C:- (i) that a person has given false evidence in a proceeding before Court; and (ii) it is expedient in the interest of justice to make an inquiry of offence committed by concerned person...........
Guardians and Wards Act, 1890, Section 17 -- Custody of minor child - Crime alleging dowry death under further investigation against father - Merely because crime alleging dowry death is under further investigation, claim for custody of minor ward cannot be denied to father if he is otherwise legitimately entitled to custody especially when complaint against him was..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19, 23 -- Domestic violence - Complaint qua i, laws - Husband is already a party in the case - Petitioners are only i, laws of wife and they are living separately - Protection order against i, laws cannot be maintained, particularly when it seems to be false...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 365, 352 -- Delay in lodging FIR - Abduction and assault - A-1 acted as a benefactor to family of complainant and had helped them financially and otherwise on multiple occasions - PW1 under such circumstances, might have been reluctant to lodge a complaint immediately after occurrence of said..........
