Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Complaints dismissed in default resulting in acquittal of accused - Condonation of delay applications filed by Petitioner/Corporation after lapse of 620 days - Reasons sighted were failure of counsel to give intimation about status of cases, disputes regarding fees payable to counsel, and bifurcation..........
Indian Penal Code, 1860, Section 302,34, Evidence Act, 1872, Section 3 -- Murder - Appeal against acquittal - PW1, was on motorcycle, nearly 30 yards away from place where victim fell on ground - He saw accused persons chasing victim from about distance of 75 feet - It is not understandable why he could not increase speed of his motor cycle so as to cover distance of 30..........
Criminal Procedure Code, 1973, Section 378,386 -- Appeal against acquittal - Power of Appellate Court - Appellate Court has every power to re-appreciate, review and reconsider evidence before it, as a whole...........
Criminal Jurisprudence -- Appreciation of evidence - Appeal against acquittal - Presumption of innocence - Once a person held to be not guilty of a criminal charge, he enjoys benefit of such presumption which could be interfered with by Courts only for compelling reasons and not merely because another view was possible on appreciation of evidence - Element of perversity..........
Criminal Procedure Code, 1973, Section 372 -- Proviso(as inserted by Act 5 of 2009) - Appeal against acquittal by victim - Applicability of proviso - Impugned judgment has been passed on 18.03.2009, whereas proviso to S.372 of the Cr.P.C. was inserted on 31.12.2009, that is to say, long after date of incident i.e. 05.03.2008 - Held, proviso to S.372 of the Cr.P.C. may not..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Acquittal calls for no interference as (i) Delay of 12 hours in lodging FIR not satisfactorily explained; (b) Chance witness not inspiring confidence of Court; (c) Most natural and probable witness of the incident not put up as witness by prosecution; (d) Contradiction in statement of witnesses regarding source of light;..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Proof - Complainant/appellant is a student studying C.A. and there is no record to show that she is earning member - Defence raised by accused/respondent that complainant/appellant did not have necessary means for advancing loan - Held, initial burden is upon complainant to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused alleged to have taken loan from complainant for business - Complainant himself admitted that cheque in question was issued by way of security - Held, cheque in question cannot be treated as issued for discharge of any legal liability - Petitioner failed to prove guilt of..........
Indian Penal Code, 1860, Section 376 -- Rape of minor - Inordinate delay in lodging FIR - Inconsistent version of incident given by father and mother of prosecutrix - Mother of prosecutrix did not implicate accused - No injury found on private part of accused - No explanation by prosecutrix how and under what circumstances her hymen was ruptured about five six days before..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque drawn in favour of "self" - Complainant not payee of cheque - Accused acquitted as complainant is not payee of cheque - Acquittal upheld...........
