Indian Penal Code, 1860, Section 379A, 201, 34, Evidence Act, 1872, Section 3 -- Offence u/s 379-A, 201, 34 IPC - Appreciation of evidence - Motorcycle recovered in pursuance to disclosure statement of co-accused - Such recovery cannot be termed to be sufficient to fasten accused persons with criminal liability - Moreover, owner of motorcycle is father of co-accused and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross-examination - Complaint filed in year 2016 and owing to dilatory tactics played by accused evidence of complainant closed and revision preferred was rejected - In year 2020 accused seeking opportunity to recall complainant for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - During pendency of proceedings there was a negotiation between complainant and accused because of this reason complainant did not tendered for cross-examination believing that dispute would be resolved - However, trial Court dismissed complaint and acquitted accused for offence punishable..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of separate notice to Managing Director/petitioner is not necessary where notice was issued to accused/company through petitioner himself...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioner Managing Director of accused company and he signed all the cheques which on presentation were dishonored - He is responsible for conduct of business of company - Merely because trial Court allowed some authorized person to appear on behalf of company does not mean..........
Evidence Act, 1872, Section 32 -- Three dying declarations - I, laws of deceased were present at the time of recording first and second dying declaration - At the time of recording third dying declaration parents of deceased had come and deceased gave statement without any fear of accused - Third dying declaration was recorded by Additional Tehsildar who stated that he..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Death by burning - Allegation against mother-in-law - Deceased died unnatural death within 7 years of her marriage - She was subjected to cruelty and harassment soon before her death and same being in connection with demand of dowry - Presumption u/s 113-B of Evidence..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Allegation against mother-in-law - High Court awarded life imprisonment to accused u/s 304-B IPC - However, keeping in view of age of accused, also her contribution that would be required by her family, while husband is also aged, further taking into consideration all other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Case of appellant totally different from other accused - Reasonable possibility is there that he may be acquitted - He has been behind bars since his arrest on 04.08.2017 i.e. for more than 2 years and he is a young man aged about 25 years - He is a B.Tech Graduate - In the facts and circumstances..........
Criminal Procedure Code, 1973, Section 317 -- Examinatio, i, chief of PW1 recorded in absence of accused as well as his counsel - Trial Court directed to recall PW1 and record his examinatio, i, chief in accordance with law...........
