Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order of dismissal of application filed for extension of time to deposit cost of Rs.10,000 - Petitioner has fair trial as enshrined u/art 226 of Constitution and any denial of best available evidence or opportunity of effective and substantial hearing to petitioner in proving his defence would amount to..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Neither FIR nor final report u/s 173 Cr.P.C. contain a whisper with respect to any inducement, fraud or dishonesty made by petitioners - No such deceitful act was adopted - Only apparent reason to lodge FIR in question is to wreak vengeance due to ongoing matrimonial discord - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Complainant or victim can file an appeal as against order of acquittal passed by Magistrate before appellate Court or Sessions Court...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - If Magistrate after giving opportunity of hearing to informant passed a detailed order accepting final order by discussing the case on merit then this order will amount to final order disposing the case so far as the cognizance on the basis of material of the case diary is concerned -..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - Procedural/review/recall of order accepting final report is permissible where no notice was served upon first informant despite being statutory mandate...........
Criminal Procedure Code, 1973, Section 156(3), 202, 203 -- Application u/s 156(3) Cr.P.C - First stage at which cognizance of offence alleged in the application u/s 156(3) Cr.P.C is taken is after inquiry conducted u/s 202 Cr.P.C which reveals sufficient ground for proceeding and application u/s 156(3) Cr.P.C is not dismissed u/s 203 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of cheque amount - Appellate Court failed to consider whether case falls under an exception or not to impose conditions as prescribed u/s 148 of N.I. Act - Impugned order set aside - Application u/s 389..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Joint demand notice - Single complaint - Complainant has issued and served upon accused a joint notice of demand in respect of all the four cheques in question - Thus, a single cause of action arose in favour of complainant for filing a complaint against accused upon expiry of 15 days from the..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Marriage between the husband and wife is not disputed - Even the birth of daughter out of said wedlock is also not disputed - Wife is living in her maike along with her daughter with sufficient reason - Salary of husband @ Rs.25,000 p.m not disputed besides income from truck business - Parents..........
