Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Case fixed for accused appearance - Complainant bonafide is established from the fact that its representative had been appearing on each and every date of hearing earlier - Only due to noting of wrong date..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint u/s 138 of the Act - Once affidavit u/s 145(1) of the Act, has been filed, case reaches the stage of S.145(2) of the Act and in such cases complaint cannot be returned for want of jurisdiction...........
Criminal Procedure Code, 1973, Section 155, 2(d) -- Doubtful offence - If from the report of complainant, police could not at the initial stage decide whether a cognizable offence or no, cognizable offence was committed and in such dilemma registered case for cognizable offence and then after investigation laid charge-sheet for no, cognizable offence, such investigation..........
Indian Penal Code, 1860, Section 498A, 406, 323, Criminal Procedure Code, 1973, Section 177, 178, 181 -- Offence u/ss 498-A, 406, 323 IPC - Jurisdiction - All incidents in respect of cruelty, voluntarily causing hurt and breach of trust occurred at matrimonial home at place `J' - Demands of money, gifts and car in dowry were made at place `J'- Nothing in complaint to show..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177, 182, 184, 220(1) -- Dishonour of cheque - Jurisdiction - Issuance of three cheques for repayment of loan - Two cheques payable at place `G' and one cheque payable at place `D' - All the cheques dishonoured - Complaint regarding dishonour of all the three cheques filed at place `G' -..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Deceased died due to suicidal hanging - No other mark of injury was detected on the body of deceased - No complaint whatsoever ever made by PWs regarding maltreatment or torture being meted out to deceased by accused persons - I, laws of deceased were well off and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by consuming poison - Allegations of mental as well as physical cruelty - Non-disclosure of incident regarding incriminatory role of accused to doctor even when deceased was in conscious state of mind, brings to factum that she committed suicide for reasons other than the one attributed to accused in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere institution of criminal case by wife against husband and its family members will per se not constitute cruelty for the purpose of seeking divorce unless it is held by a Court of competent jurisdiction that said complaint/allegation was false and vexatious...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Complaint u/s 138 of the Act and separate complaint against accused u/s 420 IPC - Maintainability - Ingredients of offence punishable u/s 138 of the Act and S.420 IPC are completely different and in case where prosecution fails u/s 138 of the Act, accused..........
Acid attack victims -- Free medical treatment - Government and Private hospitals directed to provide free medical assistance to victims of acid attack - State authorities should take up the matter with private hospitals so that they provide free medical treatment to the victims of acid attack - Private hospitals should not refuse treatment to victims of acid attack and..........
