Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Complaint dismissed - Leave to file appeal dismissed by High Court - Reasons for refusing to grant leave not given - Held, that High Court should have reappreciated the entire evidence on record independently and returned its findings objectively, as regards..........
Criminal Procedure Code, 1973, Section 482 -- Speaking order - High Court dismissed petition u/s 482 Cr.P.C. without applying its mind and without passing a reasoned and speaking order - Case remitted back for fresh disposal - Appeal allowed...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - High Court in an appeal against conviction acquitted accused - High Court discussed factual scenario and thereafter by abrupt conclusions discarded evidence of PW2 - Held, not a proper way of disposing of an appeal involving accusations relating to death of five persons - Impugned order set aside -..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Jurisdiction of appellate Court - High Court has full power to reappreciate, review and reconsider the evidence at large, the material on which the order of acquittal is founded and to reach its own conclusions on such evidence - Both questions of fact and of law are open to determination by the High..........
Criminal Procedure Code, 1973, Section 107, 116, 482 -- Proceedings u/ss 107/116 - SDM without calling report form police, issued notice to the applicants - Order to execute a personal bond of Rs.1 lac and to furnish two sureties each in like amount to keep peace for a period of one year - Additional Sessions Judge confirmed the order - Held, proceedings u/s 107/116..........
Prevention of Corruption Act, 1988, Section 7, 13(2), Criminal Procedure Code, 1973, Section 378 -- Conviction u/s 7 but acquittal u/s 13(2) - Appeal by State against acquittal - Refusal to grant leave to file appeal - Held, High Court should have analysed entire evidence on record independently and returned its finding objectively - No reasons given by High Court while..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Appeal against - Bail - High Court rejected bail application but liberty was granted to renew the bail application after six months - Held, this does not in any way show that there was entitlement for getting bail - Held, that there was non application of mind - Order of High Court set aside - Case remanded back...........
Criminal Procedure Code, 1973, Section 156(3), 397, 482 -- Registration of FIR - Order of Magistrate - Challenge thereto - Held, accused has no right to challenge an order passed u/s 156(3) Cr.P.C. at pre-cognizance stage by a Magistrate and no revision lay against such an order at the instance of accused u/s 397(1) Cr.P.C. being barred by S.397(2) Cr.P.C. nor at his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Petition to quash order of cognizance - Concurrent findings of fact of two Courts below not open to interference - Accused to produce relevant documents in support of his evidence...........
Civil Procedure Code, 1908, Section 47 -- Death of defendant during appeal - Application filed for impleading L.R's but order not passed by Court inadvertently - Decree drawn against a dead person - Held, decree is executable against legal representatives - Parties not to suffer for mistake of Court...........
