Criminal Procedure Code, 1973, Section 372 - - Appeal against acquittal - Complainant is not entitled to prefer an appeal u/s 372 Proviso Cr.P.C. before Court of Session against judgment of acquittal passed by subordinate criminal Court arising out of criminal complaint filed by complainant as he is required to prefer an appeal under S.378(4) Cr.P.C. before High Court..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right of victim - Limitation - Victim has to file appeal within a reasonable time after date of knowledge of judgment impugned in appeal - If Appellate Court finds that appeal is designedly or deliberately delayed, Appellate Court need not entertain the appeal on that ground - Every case has to be decided on facts and..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Direction of Court - All cases where appeals are filed beyond ninety days from the date of judgment, appellant shall file an affidavit stating the circumstances under which appeal could not be filed earlier - Court will consider such affidavit at the time of admission taking into account facts and circumstances of..........
Criminal Procedure Code, 1973, Section 372 -- Acquittal - Appeal by victim - Question whether word `victim' means any person other than a `guardian' or `legal heir' also for the purpose of maintaining an appeal and whether ratio of Division Bench in case of Edal Singh lays down correct law - Referred for authoritative pronouncement by a Larger Bench...........
Criminal Procedure Code, 1973, Section 372, 378(4) -- Appeal against acquittal - Remedy available to victim : (i) The `complainant' in a complaint-case who is also a `victim' and the `victim' other than a `complainant' in such case, shall have remedy of appeal against acquittal u/s 378(4) only, except where he/she succeeds in establishing the guilt of an accused but is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Dishonour of cheque - Inadequate sentence - Revision is maintainable by complainant...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal by victim - Leave to appeal - No leave to appeal is required for victim to prefer an appeal on the grounds mentioned in Proviso to S.372 Cr.P.C. - Victim has a indefeasible statutory right to file appeal...........
Criminal Procedure Code, 1973, Section 372 - - Brother of deceased - Right to appeal - Appellant brother of victim who allegedly died as a result of incident is in no way demonstrated to be a "legal heir" for the purpose of S.2 (wa) Cr.P.C - Appellant does not fall within the term "victim" in S.2(wa) and have no right to prefer an appeal u/s 372 proviso Cr.P.C - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 372 -- Dishonour of cheque - Appeal against acquittal - Acquittal can be challenged in High Court and not in Court of Sessions...........
Criminal Procedure Code, 1973, Section 2(wa), 372, 378 -- Victim - Expression `victim' requires an interpretation in context of provisions in Ss.372 and 378 to exclude complainant in a complaint case, who is also victim, from purview of definition of victim u/s 2(wa) Cr.P.C...........