Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Statements u/ss 161, 164 Cr.P.C available on record - Veracity of the same cannot be examined in a petition u/s 482 Cr.P.C, as that would amount to appreciation of evidence which is not permissible at this stage...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 409 -- Sanction for prosecution - Offence u/s 409 IPC - Offence has been committed during course of service of petitioners but not in discharge of their official duties - Act of petitioners in taking away document as alleged can never be a part of their official duty - Prior sanction for..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 409, 120B -- Quashing of charge sheet - Offence u/ss 409, 120-B IPC - Documents which have been allegedly misappropriated, have been found to be missing by Department itself, a fact duly admitted by counsel for petitioner - Merely because Department chose not to proceed against petitioners would..........
Criminal trial -- Eye witnesses - Presence of both the eye witnesses at spot gravely in doubt - Contradictions in their statement of fundamental nature which go to the root of the case - Accused acquitted...........
Criminal Trial -- Prosecution to prove its case beyond reasonable doubt and conviction cannot be based merely on basis of presumption to rule out presence of accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Victim has not identified accused during course of trial - There is no DNA examination conducted in the case - Conclusion of trial is likely to take sometime - No fruitful purpose will be served by detaining accused in further custody - Without expressing any opinion on merits..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 471, 120B -- Quashing of proceedings - Compromise - Cheating - Dispute between parties settled in view of compromise - No possibility of accused being convicted in the case pending against them - Proceedings qua accused quashed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Condition of furnishing bank guarantee of Rs.15 lacs - Petitioner moved application for grant of permission to go abroad was allowed with condition of furnishing bank guarantee of Rs.15 lac - Petitioner submitted that he is ready to comply with all terms and conditions of order and has challenged the order..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - High Court declined prayer and observation given that accused shall not approach Court "before a minimum period of three years from the date of conviction" - Held, seeking relief of suspension of execution of sentence and to be released on bail is statutory right of accused -..........
