Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - At time of presentation of cheque before bank there was no legally enforcement debt or liability in view of mortgage agreement executed between parties in which cheque was to be presented before bank after thirty months -..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 420 IPC - Quashing of proceedings - Pendency of civil suit - Averments in complaint and suit entirely different - Transaction a money transaction - Complainant who had opted his remedy before civil Court, with an apprehension of not getting a favourable order, has given a..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was named in the complaint but challan was not presented against her - Magistrate after considering the matter entirely and placing reliance upon statement of complainant on oath summoned petitioner as an additional accused - Nothing on record that Magistrate exercised jurisdiction..........
Criminal Procedure Code, 1973, Section 482 -- Complaint nothing but an attempt to wreck vengeance - Criminal complaint quashed being an abuse of the process of Court...........
Criminal Procedure Code, 1973, Section 482, 245(2), Indian Penal Code, 1860, Section 420, 323, 504 -- Quashing of order - Order rejecting discharge application - Cheating - Property dispute - Shares in question right from date of acquisition in the custody of A-1 - Material on record shows that acquisition was from funds of A-1 - Complainant merely alleged that funds came..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 493, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of order taking cognizance - Offence u/ss 493, 506, 34 IPC and Ss.3, 4 of 1961 Act - First complaint lodged against petitioner dismissed - Second complaint filed in which factum of renegotiation of marriage between parents of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323 -- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can..........
Kerala Prisons and Correctional Services (Management) Act, 2010, Section 86(1), 86(2), 86(3), Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Possession and use of mobile phone by prisoner - Plea that only jail authorities can initiate proceedings against petitioner - Held, not tenable as S.86(3) of the Act provides that offence u/ss 86(1), 86(2)..........
Kerala Prisons and Correctional Services (Management) Act, 2010, Section 86(1), Criminal Procedure Code, 1973, Section 190, 204 -- Cognizance of offence - Possession and use of mobile phone by prisoner - No allegation in the complaint that it was petitioner who brought mobile phone used by him in the premises where occurrence took place - Even, petitioner is neither an..........
