Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Plea of accused is that complainant obtained cheque from him in order to give him loan and neither returned the said cheque nor gave any loan instead misused the said cheque for filing complaint - Not replying to notice nor filing any police..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant has successfully proved by leading cogent and convicting evidence that accused issued cheque in question for discharge of his lawful liability - Accused failed to rebut the presumption of issuance of cheque in favour of complainant - Since despite..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Appeal cannot be dismissed as infructuous, merely because accused had served out the sentence and no one appeared for the accused - If no one was present for the accused, then High Court could have taken appropriate steps for representation on behalf of accused...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was appearing 15 to 16 years old - However, as per medical evidence no injury was found on person of prosecutrix and she was habitual to sexual intercourse - Doctor opined that prosecutrix was having five months pregnancy but no definite opinion about rape could be given - Prosecution..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Condition that on non-deposit of minimum of 20% of fine/compensation, benefit of suspension of sentence would automatically vacated - Held, appellate Court in an appeal against conviction u/s 138 of the Act, while..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court acted on a letter of advocate and interfered with order of conviction passed by trial Court - Even, on the face of it appellate Court unnecessarily gave importance to a G.D. entry number which was reflected in notice although original G.D. entry was never..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - While considering criminal appeal u/s 374(2) Cr.P.C, High Court was required to evaluate entire evidence on record independently and to arrive at its own findings as regards culpability or otherwise of accused on basis of evidentiary material...........
Prevention of Food Adulteration Act, 1954, Section 13(2), Prevention of Food Adulteration Rules, 1955, Rule 9B -- Public analyst report - Sent by registered post - Accused not available, hence, letter returned - Thereafter not even an attempt was made to personally serve the report on accused - Non compliance of mandatory provision of S.13(2) of the Act as to serving a..........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Accused are not alleged to have used any weapon - In the absence of any allegations of use of any deadly weapon by accused, S.397 IPC shall not be attracted - Conviction of accused u/s 397 IPC set aside...........
Criminal Procedure Code, 1973, Section 367, 391 -- Scope of the Appellate Court - In a criminal appeal against conviction, the appellate court examines the evidence recorded by the trial court and takes a call upon the issue of guilt and innocence of the accused - Hence, the scope of the appellate court`s power does not go beyond the evidence available before it in the..........
