Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Death of complainant - Complaint does not survive since defamation is a personal injury and with death of complainant, no cause of action survives to any other person, may be legal heir of complainant - Complaint dismissed...........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Allegation that accused uttered defamatory and derogatory statements against Chief Minister of State which injured her credit and reputation in minds of public at large - However, statements are political digs taken by one party against other party in a political battlefield and it is not against any individual in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against company through Managing Director - No body named as Managing Director - Prosecution of company without naming any person as Managing Director is defective as even in case of holding Company guilty, no one can be sentenced - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company as accused No.2 - Complaint not filed assigning the role of accused No.2 specifically and therefore complainant against accused No.2 is not maintainable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/Corporation - Complaint by constituted attorney - Attorney not examined - No resolution of company in his favour either by Board of Directors of the complainant corporation or by Managing Director - Complaint not instituted through authorized person - Accused rightly acquitted...........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Cruelty - Quashing of FIR - Complainant concocted a story that there was demand of dowry before marriage and at the time of marriage - However, there is no complaint made then or soon after couple had left for USA - Allegations of cruelty, harassment and torture if any took place in USA and cognizance of it could..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Default in EMI - Complaint presented cheque in question for same EMI amount which was dishonoured - However, after settlement complainant presented another cheque towards full and final amount towards total outstanding amount which was also got dishonoured - Thus, earlier..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........
