Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle in question appears to have been seized as it was allegedly carrying huge quantity of liquor exceeding the prescribed quantity - However, there is nothing on record to suggest as to whether the said vehicle was sought to be produced before the concerned Court so as to invoke S.451 Cr.P.C or..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Accused must try for compounding at the initial stages - However, there is no bar to seek compounding of the offence at later stages of criminal proceedings including after conviction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere repayment of the amount cannot mean that accused is absolved from the criminal liabilities u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Accused in jail for more than one year before being released on bail and has also compensated the complainant - Complainant in compliance of the order has also deposited an additional amount of Rs.10 lakhs - There is no purpose now to keep the proceedings pending in appeal before..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Allegation that appellant failed to procure and supply the machine even after taking the advance money from complainant - But there is nothing on record to show that appellant had any ill intention of cheating or defrauding the complainant from the very inception - Transaction between the parties was purely..........
Criminal trial -- Tutored witnesses - Police taught the witnesses to depose in a particular manner - Their evidence have to be discarded - This conduct becomes more serious as other eye witnesses, though available, were withheld - Adverse inference must be drawn against prosecution - Benefit of substantial doubt must be given to appellants - Appellants acquitted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be granted merely on the ground that co-accused had been granted bail that too without even noticing the facts in detail, particularly when accused were specifically named in the FIR - Bail granted to accused cancelled...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 466, 467, 471, 120B -- Quashing of FIR - Civil dispute - Undergone a metamorphosis into a criminal dispute - Not to be scuttled at the threshold - Order quashing FIR set aside...........
Criminal Procedure Code, 1973, Section 102, 482 -- Defreezing of bank account - Petitioner organization was actually running 103 educational institutions and more than a dozen primary health centers - Order of attachment was stayed as regards salary and institutional expenses by interim order - Petitioners were directed to maintain proper and complete statements of..........
