Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant failed to give details of month and year when loan was given - Complainant apart from making bald statement that he had advanced loan miserably failed to prove existence of legally enforceable debt - Defence taken by accused that his cheque book was lost substantiated by producing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failed to prove the existence of enforceable debt of cheque amount - Mere fact that liability of the lesser amount was admitted does not enhance the case of complainant for convicting accused for dishonouring of cheque...........
Indian Penal Code, 1860, Section 498A -- Cruelty - General allegations of demand of dowry - No specific date mentioned as to on which date demand was made - Present case was filed after complainant was released on bail in a case for attempting to commit murder of her father-in-law - Offence u/s 498-A IPC not made out against accused - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Cuttings/additions in the cheque at the place meant for mentioning the date have not been verified, whereas signatures of accused are there in correction which have been made with regard to amount - Cuttings in the cheque have not been made with the consent of parties -..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Cuttings/additions in the cheque at the place meant for mentioning the date have not been verified, whereas signatures of accused are there in correction which have been made with regard to amount - Cuttings in the cheque have not been made with the consent of parties -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - However, complainant faulted in cross-examination and admitted that accused was not known to her and they had no previous dealing - Defence taken by accused regarding misuse of cheque was substantiated by DW1 - On shifting the onus complainant miserably failed to produce evidence with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B -- Quashing of FIR - Cheating - Matter is purely of civil nature - Instead of seeking his remedies through civil Court, complainant chose to made complaint to police and despite opinion of District Attorney that no criminal case was made out, FIR was still registered - Prima facie..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of misuse of lost cheque - Defence taken by accused was substantiated by his application to bank for lost cheque book and deposition of SMO of bank - Complainant in his complaint pleaded that he borrowed sum of Rs.3 lakhs but in cross-examination he stated that cheque was given in lieu of an..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation i.e Rs.2,30,000 as awarded by trial Court had been paid by accused to complainant - Complainant has no objection in compounding the offence - Offence compounded - Conviction and sentence set aside...........
