Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Time barred debt - It is a mixed question of law and fact - Not to be decided by High Court while exercising jurisdiction u/s 482 Cr.P.C. - Impugned order quashing proceedings set aside...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Purely civil disputes cannot be converted into criminal cases - Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution, should be deprecated and discouraged...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Direction issued to mandatorily mention in the application filed for grant of bail the following details viz. : (1) Details and copies of order passed in the earlier bail application filed by petitioner which have been already decided; (2) Details of any bail application filed by petitioner, which is pending in any..........
Indian Penal Code, 1860, Section 302, 323, 201, Criminal Procedure Code, 1973, Section 227 -- Murder - Discharge - Death of deceased was natural as per expert witness who carried out postmortem on the body of deceased - No external injuries found on the body of deceased - No material to proceed against accused in private complaint filed by father of complainant - Accused..........
Criminal Procedure Code, 1973, Section 311 -- Scope - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the case...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Court can refuse to summon defence witnesses on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice only...........
Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Witnesses who are sought to be summoned were not examined as prosecution witnesses though they were witnesses of inquest - Order declining request of accused to summon defence witnesses suffers from legal flaw and is not sustainable...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - S.197 Cr.P.C does not extend its protective cover to every act or omission of a public servant while in service - It is restricted to only those acts or omissions which are done by public servants in discharge of official duties...........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Fabrication of records - Quashing of FIR - Question whether accused was involved in fabricating official documents by misusing his official position as a public servant is a matter of trial - High Court was not justified in quashing complaint as well as charge sheet in its entirety when there are two..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 409, 504, 506 -- Quashing of proceedings - Cheating - Mere fact that allegations also make out existence of civil dispute would not be a ground to quash criminal proceedings when allegations clearly make out commission of cognizable offences by accused - Correctness of allegations will be..........
