Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adultery - No evidence on record to prove the factum of adultery by wife - However, husband on the other hand admitted his marriage with other woman and birth of four children from her - This alone furnishes sufficient ground for wife to live separately from husband - Wife entitled to maintenance -..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 406, 408, 409, 477A, 120B -- Misappropriation of huge amounts of Association by musing position as office bearers - Compounding of offence - Allegations not purely of a personal nature - It is not the case of accused that final report does not contain adequate material to substantive the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed for default - As per evidence on record, it shows that in no way by absence, complainant is to be benefited in this complaint nor there is anything on record to show that there was any malafide intention on part of complainant for his..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, 452 -- Quashing of proceedings - Summoning of accused - Offence u/ss 323, 504, 506, 452 IPC - Magistrate while passing summoning order neither made any discussion of facts nor considered as to what overt act allegedly committed by accused - Impugned order of summoning accused..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Rebuttal - No document to prove loan transaction - Evidence on record shows probable version given by accused is correct - Complainant failed to prove his case against accused beyond shadow of reasonable doubt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Admittedly, complainant has no friendly relationship with accused, hence, there is doubt that why complainant will give such a huge amount without getting executed any security document - Even, there is nothing on record to show any..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Prompt FIR is indicative of correct facts being brought before Court...........
Criminal Procedure Code, 1973, Section 154 -- Delayed FIR - Rape case - No doubt, delay in lodging FIR in rape case is always not fatal for prosecution case, but even in case of rape, delay has to be explained...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Non-answering the queries raised and not furnishing the information as sought for by prosecution could not be a ground to cancel the bail granted - At the most an adverse inference can be drawn by Court during course of trial - Accused cannot be compelled to adduce evidence, even if such material is..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Different yardsticks have to be adopted for cancellation of bail and interference with order granting bail - Court should take into consideration the post bad conduct and supervening circumstances for deciding as to whether it requires cancellation of bail...........
