Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations made in FIR had an overwhelming and predominating civil flavor - Complainant already settled his score with main accused against whom proceedings have already been closed - There remains no justification to continue proceedings against..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Offence under SC&ST Act at the instance of third party - Not to be registered unless an opinion is sought from the District Attorney (Legal) that complainant falls within definition of victim as per SC&ST Act - Director General of Police, Punjab directed to issue instructions to all..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued in pursuance of compromise dishonoured - Once a settlement is arrived at in between the parties, proceedings in the original complaint cannot be sustained and a fresh cause of action accrues to complainant under terms of settlement deed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - In the event compromise deed is found to be void ab initio on account of coercion, very basis for quashing the first complaint is removed since the settlement agreement is deemed to have never existed and hence it had no effect on the liability subsisting under the first complaint -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once complainant discharges the burden of proving that instrument was executed by accused, presumption u/s 139 shifts the burden on accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant is holder of cheque in due course - Cheque belongs to accused is undisputed - Further signature on cheque is also not under dispute - Hence, initial presumption u/s 139 of the Act is in favour of complainant and it is a rebuttal presumption - Burden is on accused to rebut..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Onus of proof of deficiency in service is on complainant in consumer complaints - If complaint is able to discharge its initial onus, the burden would then shift to the respondent in the complaint...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Accused being teacher having found the deceased boy regularly bunking classes first reprimanded him but on account of repeated acts brought this fact to knowledge of principal who called parents of deceased - No further overt act has been attributed to accused in FIR or in statement of complainant, nor anything..........
Indian Penal Code, 1860, Section 376, 354, 420, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(xii) -- Offence u/ss 376, 354, 420 IPC and S.3(xii) of SC/ST Act - Framing of charges - No medical evidence as to offence of rape and it is merely on oral statement of complainant S.376 IPC has been imposed - Allegations are levelled for a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused had never entered into any agreement with complainant nor did he issue any cheques in favour of complainant - Even, DW2 in his cross-examination has stated that for running business of accused there is no necessity of tipper or dogger - Moreover, service of demand..........
