Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Notice was served on accused on 10.3.2005 as specifically pleaded in complaint - Acknowledgement card bearing said date was produced along with complaint - Said date is not challenged in cross-examination of complainant - In the light of presumption u/s 27 of General Clauses Act,..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - FIR is silent with regard to demand of any dowry far less a bicycle - However, FIR speaks of assault upon deceased by accused followed by unnatural death of deceased - FIR need not be encyclopedia of facts and is only an instrument in writing which sets criminal law into motion - Every minute detail of..........
Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Complaint filed after delay of 15 days from the incident and there is no explanation for such delay - Except injury no.1, other injuries are only relating to pain in his body - Complainant initiated proceedings u/s 107, 151 Cr.P.C against accused and later on after 15 days present complaint was filed..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Acquittal in a case u/s 138 Negotiable Instruments Act - Does not attract Ss.499 and/or S.500 IPC - Mens-rea is a mandatory prerequisite for the offence of defamation - Held, in the present case mensrea or criminal intention is lacking on the part of accused, hence, they cannot be held guilty of offence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Accused being public servant abused his official position and obtained Rs.1500 pecuniary advantage for issuance of pahani copies to complainant - Both complainant and PW2 turned hostile - Prosecution did not examine any other independent witness other than PWs.1 and 2 - There is major..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Accused had to mentioned in application any special reasons for exempting her from making deposit of amount u/s 148(1) of the Act - It was only mentioned that cause of action for filing..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 323, 498A, 34 -- Anticipatory bail - Offence u/ss 420, 406, 323, 498-A, 34 IPC - Complaint prima facie do constitute offences as alleged - Petitioner abandoned his wife/complainant almost since very inception of marriage and failed to maintain her with due dignity and honour - He is not..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Averments made in application and material, if any, in support thereof, if disclose cognizable offence then Magistrate should order registration of FIR and investigation by police - In such a case aggrieved person should not be compelled to collect and produce evidence at his cost to treat..........
