Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Default in payment - Defence of erring husband can be struck off as a last resort - Family Court has failed to provide husband an opportunity to pay entire arrears of interim maintenance before resorting to extreme step of striking off his defence - One last opportunity is thus, granted to husband to pay..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in three cases under POCSO Act and IPC - Date of incidents were separate in all three cases though child victim was same - All the cases were tried by same Court and accused was convicted in all three cases vide separate judgments - However, in one case accused is convicted..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Accused convicted in three cases under POCSO Act and IPC - Date of incidents were separate in all three cases though child victim was same - All the cases were tried by same Court and accused was convicted in all three cases vide separate judgments - However, in one case accused is convicted..........
Criminal Procedure Code, 1973, Section 377 -- Appeal against conviction - Enhancement of sentence - When a person is charged with a graver offence but is convicted of lesser offences, same amounts to acquittal of serious offence and it is not permissible for High Court to convert lesser offence into serious offence in an appeal for enhancement of sentence - High Court can..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Conditions specified in S.82(2) Cr.P.C for publication of a proclamation against an absconder are mandatory - Any non-compliance therewith cannot be cured as an irregularity and renders the proclamation as nullity...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since accused have themselves come forward and have undertaken to appear before trial Court on each and every date, order declaring accused as proclaimed offender set aside...........