Criminal Procedure Code, 1973, Section 294 -- Documents - Defence repeatedly continued to admit the genuineness of prosecution documents - Documents can be read in evidence without formal proof...........
Indian Penal Code, 1860, Section 353, Criminal Procedure Code, 1973, Section 482 -- Assault - Shouting and threatening staff - This by itself does not amount to any assault - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of complainant and other PWs, and there is no mandate to decide the application u/s 319 Cr.P.C before cross-examination of other witnesses...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PWs repeatedly continued to either absent themselves or file adjournment applications and only insisted for deciding the application u/s 319 Cr.P.C first and only thereafter trial could proceed - Complainant has no such mandatory right to insist that an application be decided in such a manner -..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Discharge - Cheating - Allegations that respondent with the object of cheating the Bank, granted three facilities to Company - However, role of respondent confined to signing the memorandum prepared by senior..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Correctness of the allegations is not to be tested at the stage of considering an application for quashing...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - When FIR alleges a dishonest conduct on the part of accused which if supported by materials would disclose commission of a cognizable offence, investigation should not be thwarted by quashing the FIR...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court ought to have considered the materials collected during investigation before taking a call on the prayer for quashing of FIR, cognizance order and the proceedings pursuance thereof...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Benefit of suspension of sentence cannot be denied to accused merely because another trial is pending against him...........
Criminal Procedure Code, 1973, Section 235(2) -- Conviction - Sentence - Transfer of Presiding Officer after accused was convicted - New Presiding Officer was required to hear the accused on quantum of sentence only and not on the question of conviction...........
