Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - All the PWs except father of victim did not support prosecution case - Not a single witness corroborated the evidence of victim in their depositions - Father of victim was not present near the place of occurrence and he heard the incident from victim - Evidence of father of victim being in the nature of hearsay..........
Indian Penal Code, 1860, Section 406 -- Misappropriation of stridhan - Complainant was entitled to receive possession of articles which were given at the time of marriage and were in possession of accused - Refusal by accused in this regard will attract S.406 IPC...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Accused brutally assaulted victim with iron rods, fists and blows etc. - Victim was admitted to hospital for medical treatment - Evidence adduced by PW1/complainant remains unshaken during cross-examination - Medical evidence corroborates the evidence of PW1 - Prosecution proved its case - Accused rightly..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - If Magistrate finds that I.O has conducted investigation in a just and fair manner and no material evidence was omitted/ignored then complainant cannot compel Court to direct further investigation in the matter...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Revision against order of acquittal at the instance of victim or complainant as the case may be, shall not be entertained and victim or complainant, as the case may be shall be relegated to prefer appeal as provided u/s 372 or S.378(4) Cr.P.C, as the case may be...........
Indian Penal Code, 1860, Section 420, 406, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations in FIR made against all the accused to hatch conspiracy and to grab money of complainant with the help of petitioner - Indisputably amount of Rs.11 lacs of complainant has been pocketed by accused - FIR in question is at initial stage of..........
Indian Penal Code, 1860, Section 420, 468, 465, 471, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Parties allowed to compound offence u/s 420 IPC, however Trial Court not attested the offences punishable u/ss 468, 465, 471 IPC - Complainant does not want to press charges levelled against petitioner in relation to offences punishable..........
Indian Penal Code, 1860, Section 323, 354, 427, 458, 143, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va), Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 323, 354, 427, 458, 143 IPC and Ss.3(1)(s), 3(1)(r), 3(1)(w)(ii), 3(2)(va) of SC/ST Act - Quashing of FIR - Compromise arrived at..........
