Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, 256 -- Dishonour of cheque - Death of complainant - Impleadment of L.R's - In a summon case, upon death of complainant Court can permit LR's to continue compliant...........
Criminal Procedure Code, 1973, Section 470(2), Indian Penal Code, 1860, Section 500, 501 -- Limitation - Exclusion of time - Period of stay granted by Court is to be excluded from limitation period...........
Criminal Procedure Code, 1973, Section 228 -- Complainant himself submitted written application showing no, involvement of petitioner in commission of offence - No sufficient ground for proceeding against accused exists - Charge u/s 306 IPC quashed qua petitioner...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Application for recall of prosecutrix for re-examination was dismissed - Aspects asserted in application not new facts which require recalling of prosecutrix - Even, said facts have already been taken by accused in his defence - No ground for recalling prosecutrix for re-examination - Application rightly..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Application moved by prosecutrix for her re-examination was dismissed on the ground that earlier statement given by her was under threat of CBI - Said order was not challenged for 2 years - Order challenged after application by accused u/s 311 Cr.P.C. was dismissed by trial Court - Petition filed by..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 148, 149, Arms Act, 1959, Section 25 -- Statement of accused u/s 313 Cr.P.C. - Murder case - Incriminating circumstance not put to accused in his statement u/s 313 Cr.P.C - Examination of accused u/s 313 Cr.P.C thus, rendered an empty formality - Only on this count, conviction and sentence of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 506 -- Anticipatory bail - Kidnapping and rape - FIR filed as counter blast to complaint made by petitioner against some police officials - There was dispute between petitioner and complainant with regard to dishonour of certain cheques to which petitioner filed complaint u/s 138 of N.I..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 468, 471, 447, 511, 120B -- Anticipatory bail - Cheating - Property dispute - Entire dispute between parties is regarding execution of various documents which both parties claim to be forged and fabricated - Said fact can be decided only during course of trial - Without commenting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Acquittal - Appeal against - Plea that trial conducted in arbitrary manner as statement of accused not recorded u/s 313 Cr.P.C. - Prejudice if any, for non recording of statement u/s 313 Cr.P.C. is caused to accused and not to complainant - Contention..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 505(1)(c), 509, Tamil Nadu Prohibition of Women Harassment Act, 2002, Section 4 -- Anticipatory bail - Outraging modesty of women on facebook - Controversial post on facebook degrading women journalists - Amounts to violation of constitutional rights of women - Bail rightly rejected...........
