Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Interim compensation - Recovery of - Recourse can be taken to S.421 Cr.P.C for recovery of interim compensation - For recovery of interim compensation, immovable or movable property of accused can be sold by Collector...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Custodial death - Stricter approach has to be adopted while dealing with question of granting bail in custodial death cases where police officials are arraigned as accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 330, 331, 218, 120B, 34 -- Bail - Murder - Custodial death - Offence in question is grave and serious in nature - Accused enlarged on bail within 1-1/2 years of his detention - High Court committed error by granting bail to accused - Order granting bail set aside...........
Indian Penal Code, 1860, Section 420, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute of civil nature - Dispute between parties settled - Criminal proceedings is nothing but an abuse of process - FIR quashed...........
Criminal Procedure Code, 1973, Section 173 -- Police report - Direction issued that report of police officer on the completion of investigation shall contain the following: (i) A report in the form prescribed by State Government stating : (a) names of the parties; (b) nature of the information; (c) names of the persons who appear to be acquainted with the circumstances of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Behaviour attributed to accused to the instances..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere fact that custodial interrogation is not required that by itself may not be a ground to release an accused on anticipatory bail if offences are of a serious nature...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere assertion on the part of State while opposing plea for anticipatory bail that custodial interrogation is required would not be sufficient - State would have to show or indicate more than prima facie why custodial interrogation of accused is required for the purpose of investigation...........
Criminal Procedure Code, 1973, Section 482 -- Stay granted by High Court in an application u/s 482 Cr.P.C. - Interim order will operate till such time the High Court vacates/varies the said order...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
