Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Brother of a deceased married lady is a legal heir of deceased victim for the purpose of contesting a criminal case/appeal - He is thus, considered to be a victim...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Nothing is found that promise was there from inception of long standing relationship and prosecutrix engaged in sexual relations on basis of such promise - Rather, case would be an instance of consensual sexual relationship with subsequently turned..........
Indian Penal Code, 1860, Section 313, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 313 IPC - Allegations do not inspire confidence to construe an offence constituted u/s 313 Cr.P.C. - Offence took place long back in the year 2020 and prosecutrix further continued with relationship till 2022 - Proceedings quashed...........
Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 417 IPC - Prosecutrix allegedly induced to go for sexual relationship but they travelled together voluntarily on multiple occasions, stayed together and conducted in the manner akin to husband and wife - Such conduct indicates mutual consent and companionship rather then..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 245 -- (Criminal Procedure Code, 1973, S.222) - Minor offence - Where facts proved disclose commission of a minor offence, trial Court is empowered u/s 222 Cr.P.C. to record conviction for such minor offence even in absence of a specific charge, provided essential ingredients thereof are established beyond reasonable doubt..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount by way of demand draft but same not encashed - Demand draft presented for encashment only when petitioner was summoned in the complaint - Such conduct lends credence to petitioner's contention that criminal process was invoked not for recovery of dues, since amounts had..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa) -- Dishonour of cheque - Complainant u/s 138 of the N.I Act is a victim as defined in S.2(wa) Cr.P.C. as the expression `victim' includes not only person who has suffered any loss or injury caused by reason of any act or omission for which accused person has been charged, but also..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372Proviso, 378 -- Dishonour of cheque - Appeal against acquittal - Person who files a complaint alleging offence u/s 138 of N.I Act has right to prefer appeal u/s 378 or S.372 proviso Cr.PC (S.419 and S.413 Proviso BNSS) - Since an appeal lies under Cr.P.C or BNSS, no proceeding by way..........
