Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision - Complainant received the amount as full and final settlement of dispute - Offence u/s 138 of the Act is compoundable - Conviction and sentence set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 406, 34 -- Bail - Dowry death - Deceased died unnatural death within 3 years of her marriage - There are categoric averments regarding demand of dowry from complainant and ill treatment of deceased by her in-laws - Issue as to cause of death is a question which trial Court will determine at..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Financial capacity - When accused themselves have not chosen to question source of income and financial capacity as given by complainant, trial Court need not had to further probe into matter regarding financial capacity of complainant - Complainant proved beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - From reply to notice, intention of drawer is clear that he does not wish to make payment - Complainant need not to wait for 15 days to file complaint...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B -- Second anticipatory bail application - Cheating - Petitioner only cites his willingness to deposit a sum of Rs.1 lakh in proof of his bonafides as a changed circumstance - Change in approach of petitioner whereby he now wants to pay part of sum claimed by complainant as proof of his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Quashing of summoning order - Cheating - Complaint filed for offences of fraud, abuse and extension of threat - Complainant and his witnesses were examined u/ss 200, 202 Cr.P.C - They are in corroboration with complaint and on basis of these evidence collected during enquiry by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complaint u/s 138 of the Act filed after accused lodged a prior complaint to police about loss sustained on account of poor quality of feed supplied by complainant - Not a ground for seeking transfer of proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complainant having its Head Office at Siliguri and that there is no reason why it chose to file a complaint in Agra - Not a ground for seeking transfer of proceedings - Under S.142(2)(a) of the Act, Court within whose jurisdiction the..........
Criminal Procedure Code, 1973, Section 482, 245, Indian Penal Code, 1860, Section 323, 504, 506 -- Order rejecting discharge application - Offence u/ss 323, 504, 506 IPC - Specific averment was there that accused was not aware of complainant - Till disposal of application u/s 245 Cr.P.C, no additional evidence was there on basis of which charge is to be framed by trial..........
