Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Merely because `Leave' is granted, it will not preclude Court when real facts are bought to its knowledge from coming into question whether `Appeal' is competent or maintainable or not - Maintainability of appeal can be argued at any stage and permission to file appeal earlier by..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Complainant as payee u/s 7 of N.I. Act or holder in due Course u/s 9 of N.I.Act - Entitled to seek `Leave' u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 193 -- Committal of case - On committal Sessions Court is conferred with original jurisdiction and is competent to take cognizance against persons not arrayed as an accused...........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C. - Filed at stage of final arguments after 4 years of filing of complaint to exhibit reply given by accused u/s 138 of N.I. Act - Averments regarding receipt of reply was missing in complaint and affidavit filed by complainant - Thus, no justification in allowing application u/s 311 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 45, 65, 71 -- Bail - Non-compliance of S.45 of PML Act - Conditions u/s 45 of PML Act are mandatory in nature and needs to be complied with - Compliance of S.45 of PML Act should be insisted upon by High Court while considering application u/s 439 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Difference between interim bail and temporary bail: (i) When applicant makes prayer for releasing him on interim bail i.e till successive bail application is decided, concerned judge has to deal with case on merits; (ii) application for interim bail will be filed in main application for regular bail and therefore, will..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Temporary release - Application for release on bail for a limited period on various types of reasons - Court has to look into the reasons for the prayer made by applicant for his temporary release - There would be number of reasons for asking temporary bail such as marriage in the family, death of relatives, etc...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail for limited period - Under trial seeking bail for a particular reason for a limited period - Considerations before Court are different - Court will examine the jail record of accused, his behaviour in jail, whether he is released on temporary bail in past and his conduct during the temporary release period, police..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Mere refusal to answer any question put to accused by Court in relation to any evidence against him would not justify finding of guilt...........
Criminal Procedure Code, 1973, Section 145 -- Proceeding u/s 145 Cr.P.C. - When revenue suit pertaining to land is pending before Revenue Court, proceedings cannot be continued u/s 145 Cr.P.C. - Even otherwise, petitioner is not in possession of property in dispute - Application rightly dismissed...........
