Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Respondent has admitted to have given cheques - Even, signatures are not in dispute and notices were served on him which he did not reply - Thus, respondent could not prove otherwise that he had discharged liability or he had repaid the loan which he had taken from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant did not mention anything about that episode of issuance of two cheques in his complaint petition or during the examination-in-chief - Even, complainant did not explain why those two cheques were given to him by accused person - Moreover, complainant explanation is..........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - Sole eye witness to the alleged crime and his nephew have not supported the case of prosecution - No substantial effort made by police for conducting search of residence of accused in the presence of local witnesses - Complainant and PW8 un-ambiguously refuted that neither passbook nor red cloth was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Burden is on accused to make out a probable defence - Accused need not step into witness box or adduce direct evidence - It would suffice if accused is in a position to create a reasonable doubt that version of complainant is false...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compounding of offences at revisional stage - Settlement between the parties and due amount is paid to complainant - Conviction and order of sentence, quashed and set aside with Cost of Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 506 -- Quashing of FIR - Compromise - Offence u/ss 341, 323, 324, 506 IPC - Compromise arrived at between parties - Offences alleged to have been committed by accused do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences - Complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentences - Accused already served jail sentence in each 5 cases separately - Accused is in jail to undergo additional jail sentence due to non-payment of fine - Since accused has paid amount of compensation and complainant has accepted it, applicant be released from jail - Thus,..........
Criminal Procedure Code, 1973, Section 182 -- Final report that incident of theft was false - Court accepted the final report despite a protest petition against the said report and summoned the complainant u/s 182 Cr.P.C. - Protest petition could have been treated as complaint - Petitioner could have been given an opportunity to produce evidences and witnesses in support..........
Indian Penal Code, 1860, Section 420, 419, 406, 34 -- Cheating - Quashing of FIR - Allegation that accused had sold four excess flats beyond its share - However, there is no evidence on record that accused have deceptively or intentionally tried to sell excess flats as contended by complainant - Dispute between parties could at best be termed as one involving a mere breach..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Anticipatory bail - Accused is absconding and declared as proclaimed offender - However, accused is a woman and in given COVID-19 pandemic, incarceration of accused would not give any benefit to complainant but instead cause grave injustice to woman accused -..........
