Negotiable Instruments Act, 1881, Section 138, 141(2), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Question as to whether petitioner is i, charge and responsible for the affairs of company - Held, it would be a matter of evidence - Said question cannot be decided by way of petition filed..........
Criminal Procedure Code, 1973, Section 198(1), Indian Penal Code, 1860, Section 494 -- Bigamy - Conviction - Validity - Wife filed complaint u/s. 494 IPC against husband on ground that he contracted second marriage during her life time - Magistrate invoking power u/s.156 Cr.P.C. and forwarded said complaint to police for doing needful in accordance with law - Police..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Vicarious liability - It is necessary to specifically aver in a complaint u/s 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company - This averment is an essential requirement of Section..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Can only be on the basis of evidence adduced and not on the basis of materials available in the charge-sheet or the case diary, because such materials contained in the charge-sheet or the case diary do not constitute evidence...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - There is no specific, clear and unambiguous allegations as to how and in what manner petitioner was responsible for conduct of business - No specific role assigned to petitioner in respect of..........
Criminal Procedure Code, 1973, Section 482 -- Power of High Court u/s 482 Cr.P.C. - Scope of - Held, inherent powers vested in High Court u/s 482 of the Code are very wide - Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised sparingly with circumspection..........
Indian Penal Code, 1860, Section 395 -- Dacoity - Conviction - Sustainability - Six or seven persons alleged to have committed dacoity - But only appellant was prosecuted - Charge sheet neither indicate that investigation in respect of other persons continued nor state as to whether other persons will be put to trial or not - PW2, in whose house dacoity was committed, had..........
Criminal Procedure Code, 1973, Section 227, 228, 401, 239, Indian Penal Code, 1860, Section 498A, 323, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Framing of charge - Duty of Court - Held, prosecution has to make out only prima facie case on the basis of material produced before Court by prosecution - Evidence which defence produces in Court at that stage should not..........
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..........
Fraud -- When pleaded in a civil case is required to be proved beyond reasonable doubt just like criminal charge...........
