Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of discharge of loan but specific dates when loan was discharged not given - Accused did not explain as to under what situation and circumstances the cheque on presentation was dishonoured - Acquittal set aside - Accused sentenced to undergo SI for one month...........
Criminal Procedure Code, 1973, Section 372, 378(4) -- Appeal against acquittal by victim - Leave to appeal - Victim preferred an application u/s 482 Cr.P.C. to treat the appeal initially filed u/s 372 Cr.P.C. to be one u/s 372 read with S.378 Cr.P.C. - Though High Court observed that no such leave was necessary, but since there was already an application on behalf of..........
Criminal Procedure Code, 1973, Section 2(wa), 372 -- Appeal against acquittal - Can be maintainable at the instance of widow of deceased, as she comes within the definition of "victim" u/s 2(wa) Cr.P.C., even though leave to appeal was not granted to State...........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Merely because `Leave' is granted, it will not preclude Court when real facts are bought to its knowledge from coming into question whether `Appeal' is competent or maintainable or not - Maintainability of appeal can be argued at any stage and permission to file appeal earlier by..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Leave to appeal - Complainant as payee u/s 7 of N.I. Act or holder in due Course u/s 9 of N.I.Act - Entitled to seek `Leave' u/s 378(4) Cr.P.C...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Appeal against acquittal - None of PWs, who are near relatives of deceased stated that accused was harassing deceased for purpose of dowry or had instigated her to commit suicide - Prosecution failed to prove its case against accused - Accused rightly acquitted - Leave to appeal dismissed...........
Service -- Service benefits on account of acquittal in a criminal case on the ground of benefit of doubt - Employee not entitled to service benefits during intervening period of his conviction, as he was not fully exonerated, meaning thereby an honorable acquittal. (Kerala Service Rules, Part I, R.56)...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Capacity to advance loan - No particulars have been given by complainant as to on which date, month or year the money was given on which this liability arose - Even, there is no document to show this transaction - Moreover, accused had not denied issuance of cheque rather..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Prior enmity between parties due to election of Sarpanch - Incident occurred during winter evening - 17 accused allegedly assaulted complainant party - Identification of 17 accused persons would be extremely difficult, as it was dark - Only independent witness turned hostile and two eye witnesses not examined by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint u/s 138 of the Act - Appeal against acquittal - Presumption - As per complainant, he advanced money to accused and filed complaint against him on account of dishonour of cheque - Complainant failed to show any income and expenditure record available with him - Complainant failed to..........
