Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Petitioner willingly paid amount of Rs.1 lakh to complainant - Complainant was permitted to withdraw complaint and accused was acquitted - Accused filed application for refund of amount deposited - There was no condition precedent that in the event of..........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C - Petitioner filed application while concealing fact that earlier same application was filed which was dismissed and said order has not been challenged by complainant - Said order has attained finality and petitioner cannot seek a different outcome in the same matter without challenging previous order..........
Criminal Procedure Code, 1973, Section 311 -- Examination of private handwriting expert - FSL report of suicide note - Suicide note in question was already examined by police during investigation from concerned Department - Said examination was deemed to be legitimate - Since Court had already ruled in the matter and petitioner did not obtain necessary approval to conduct..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 465, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(1), 13(2) -- Bail - Cheating - Investigation of case based on documentary evidence, is complete - Entire incrimination evidence collected against petitioner is already part of challan which stands presented before..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 493 -- Anticipatory bail - Rape - Charge sheet has already been filed - Without commenting on merits of case, anticipatory bail granted to accused subject to the condition that he shall continue to co-operate with investigation...........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C - While initiating proceedings u/s 107 Cr.P.C (S.126 BNSS), Magistrate must pass a preliminary order, stating nature of information received and relevant factors which influenced him to form an opinion that concerned person is likely to cause imminent breach of peace, making it essential to take..........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C - Mere mentioning of crimes pending against a person will not satisfy requirement of giving reasons and the apprehended breach of peace must be imminent...........
Criminal Procedure Code, 1973, Section 107 -- Proceedings u/s 107 Cr.P.C - Mere participation in demonstrations, holding of banners or shouting slogans, cannot be perceived as activities in violation of the reasonable restrictions mentioned in Art.19 of Constitution...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Decree of restitution of conjugal rights passed against wife - Passing of decree of restitution of conjugal rights is not a bar to award any maintenance to wife if Court is convinced and satisfied that she is living separately from her husband with valid reason...........
