Indian Penal Code, 1860, Section 147,323,395,149,427 -- Dacoity - Material contradictions as to number of assailants - Test identification parade not conducted though accused were unknown to complainant - Recovery of articles not proved - It casts a shadow of doubt on prosecution case - Acquittal calls for no interference...........
Criminal Procedure Code, 1973 -- Appeal against acquittal - Appellate Court to interfere with an order of acquittal only for special reasons...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Date on cheque with different ink - Merely for this reason it cannot be concluded that complainant might have obtained the cheque by using undue influence - As signatures on cheque were admitted as such it is for the accused to prove that cheque issued was not for discharge of debt or liability..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Appellant-complainant admitted in his cross-examination that he had given Rs.1,50,000/- to "S" and that he had never met accused prior to coming to court - The said defence was also raised by accused while giving reply to notice served by complainant - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Complainant No.2 filed complaint as power of attorney of complainant No.1 - Authenticity of copy of General Power of Attorney in his favour was not proved - He also failed to prove that he was authorized or entitled to possession of cheques in his name - Held,..........
Essential Commodities Act, 1955, Section 3,7 -- Sugar found more than permissible quantity - Accused informed the raiding party that the bags contained sulphur sugar - Raiding party did not take any sample from the sugar recovered and did not weigh the bags discovered in the godown - Prosecution thus failed to prove that recovered commodity was actually sugar - Moreover,..........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen evidence - As per inquest report, victim was wearing blue coloured pant and shirt at the time of death - PW2 deposed that he saw victim wearing blue coloured pant and cream coloured shirt - Whereas PW3 saw victim wearing blue coloured pant and sky blue coloured shirt - No evidence to show that victim had..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Amount of Rs.7,50,000/- was involved - Inconsistent versions of complaint about subject transaction and execution of cheques - Non-mentioning of loan in income tax returns of complainant - Non-production of any bank statement - Non-filing of any books or statements of account -..........
Criminal Procedure Code, 1973, Section 372, 2(wa) -- Prevention of Corruption Act, 1988 - Victim - Scope of - Complainant who suffered loss on account of inaction and omission on the part of public servant will be termed as victim and would be entitled to file substantive appeal against order of acquittal in view of proviso to s 372 CrPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused deposed that in the year 2001, appellant /complainant gave him Rs.50,000/- as hand loan - There is no cross examination with regard to this fact - Defence that cheque in question was given towards security has gone unchallenged - Appellant/complainant did not adduce any..........
