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...........
Contract Act, 1872, Section 17 -- Fraud - Standard of proof - Even in civil cases, fraud is required to be proved beyond reasonable doubt just like a criminal charge...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Prosecution of employee and directors - No specific averment attributing specific role describing the manner as to how petitioners were i, charge and responsible to the conduct of business affairs of company -..........
Evidence Act, 1872, Section 32 -- Dying declaration - Written report lodged by deceased - Evidence of scribe of documents that he wrote down document as per dictation of officer-in-charge of police station and not that he had written the statement, as narrated to him, by the deceased - - Mandatory requirement of S.32 of the Act not complied with - Held, written report not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - From material on record and looking into facts of case it cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed questions of fact which cannot be adjudicated upon by High Court..........
