Criminal Procedure Code, 1973, Section 378(4) -- Application for leave to file appeal - Procedure for - Held, there is no specific mandate either in S.378 Cr.P.C. or in the Kerala Criminal Rules of Practice which can oblige the seekers of leave u/s 378(4) Cr.P.C. to file along with such application for leave proposed appeal which they want to prefer against judgment of..........
Criminal Procedure Code, 1973, Section 256, 401 -- Order of acquittal passed u/s 256 - Revision thereagainst - Maintainable - Held, court has jurisdiction to examine legality of impugned orders passed u/s 256, Cr.P.C. in revision applications...........
Criminal Trial -- Second complaint on same facts - Maintainable - Held, there is no provision in the Code or in any other statute which debar a complainant from preferring a second complaint on same allegations if first complaint did not result in a conviction or acquittal or even discharge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Defence of accused was that a blank cheque was stolen by husband of complainant when he was serving as a Supervisor in accused company - Fact that husband of complainant was working in company was not seriously disputed - Record indicates that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred loan - Loan was given on two dates and the last instalment was given on 05.02.1997 - Cheque was issued on 22.09.2000, which is beyond the period of three years - Trial Court held that debt is not legally enforceable debt as recovery of debt was time barred and, therefore, acquitted the..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction by trial Court but acquittal by High Court - Pivotal witness was examined after one month - Delay not explained - Delay in lodging FIR - Again delay not explained - Non explanation of injuries on the person of accused which were serious in nature - Order of acquittal passed by High Court confirmed...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Conviction by trial Court but acquittal by High Court - Appeal against - Held, that appellate Court has full power to review, appreciate and reconsider the evidence upon which order of acquittal is founded - There is no limitation on exercise of such power and an appellate Court on the evidence before..........
Indian Penal Code, 1860, Section 336, 504 -- Non-compoundable offence - Trial court acquitted accused/respondents on the basis of compromise - Contention that S.320 does not permit for compromise in alleged offence u/s 336 IPC - Held, acquittal of accused/respondents for offence u/s 504 IPC which comes under provisions of S.320(8) Cr.P.C. is upheld - So far as offence u/s..........
Criminal Procedure Code, 1973, Section 378(3) -- Acquittal - Appeal against - Leave to file appeal - Refusal - Reasons for refusing to grant leave not given - High Court ought to have given reasons, however brief in its order indicative of an application of mind, all the more when order is amenable to further avenue of challenge - Order of High Court set aside...........
Indian Penal Code, 1860, Section 366, 376 -- Kidnapping and rape - Age - School Leaving Certificate and School Register produced to prove age as 14 years at time of commission of offence - Head Master of School also deposed and produced record - High Court holding that normally guardians understate age of their children at time of admission in school - No question put to..........
