Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay borrowed amount of Rs.65,000/- got dishonoured - Complainant failed to produce any document showing that any loan was advanced to accused - He failed to bring on record income-tax returns filed by him showing that Rs.65,000/- were given to accused..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Order of acquittal not to be interfered without rendering specific finding that decision of trial Court is perverse on unreasonable resulting in miscarriage of justice - Appellate Court is entitled to reappreciate the evidence and come to an independent conclusion...........
Criminal Procedure Code, 1973, Section 378 -- Order of acquittal - Reversed by High Court - Appeal against - Trial Judge committed error in discarding testimony of three eye-witness doubting their presence at the scene of occurrence - However, nothing tangible could be brought on record to impair their credibility - No interference - Decision of High Court upheld...........
Criminal Trial -- Delay of 25 years in disposal of appeal - Not a ground for acquittal...........
Indian Penal Code, 1860, Section 302, 34, 447, 504, Criminal Procedure Code, 1973, Section 216 -- Murder - Acquittal by trial Court - Want of framing of charges - Reversed by high Court - Legality of - Sufficient evidence on record against accused persons - Held, trial Court committed grave error in acquitting accused persons - Trial Court should have altered/added..........
Criminal Trial -- Failure of justice - There would be `failure of justice' not only by unjust conviction but also by acquittal of guilty as a result of unjust failure to produce requisite evidence...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 - - Dishonour of cheque - Acquittal - Validity - It is not case of complainant that notice was sent to accused through postal authorities or through courier services - Accused did not enter witness box and denied signature found on copy of notice - Held, in absence of opinion of expert, trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Some mistake in case records represented before Magistrate by appellant/complainant - Instead of taking any earnest and speedy steps to correct mistake occurred in present case complainant and his counsel protracted proceedings in another case by mis-leading Court below and making..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Evidence of complainant is inconsistent with regard to date on which amount was lent to accused - Admittedly, accused was working as a teacher as on that date and if really she had issued a cheque, she would have written blanks left in said cheque with her own hand-writing -..........
Indian Penal Code, 1860, Section 376 -- Rape - Appeal against acquittal - Accused/Police constable allegedly committed rape of minor while she was playing on her terrace - Failure of prosecution to produce evidence of victim or her parents - Non-production of medical evidence by prosecution led to failure in establishing guilt of accused - Order of acquittal upheld...........
