Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Civil Court finding that cheque in question was only for purposes of security - Criminal proceedings under the Act unsustainable - Conviction set aside...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court reversed the judgment of trial Judge and convicted accused - Findings of High Court are totally based on conjectures and surmises - High Court could have interfered in the criminal appeal only if it came to conclusion that findings of trial Judge were either perverse or impossible - No..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - High Court while granting bail to accused imposed condition that accused would deposit a sum of Rs.30,000/- - Condition so imposed by High Court is totally alien to principles governing bail..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Anticipatory bail - Contraband recovered was well in excess of commercial quantity - Accused has criminal antecedents and he was already arraigned in two previous cases under NDPS Act - High Court while granting bail to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of bail on the basis of parity is not a claim of right - While applying principle of parity, Court is required to focus on the role attached to accused whose application is under consideration...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On the basis of parity - Prime accused who is alleged to have initially conducted the blackmail to whom complainant is said to have paid `hush-money', has been granted bail and the role played by present accused was only to further the alleged acts of her son - She has not acted independently, to further..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Allegations against accused are of defrauding State - Matter cannot be settled between two private individuals i.e accused and complainant - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Material collected discussed in detail by Sessions Judge while rejecting bail application - However, High Court merely noticing arguments of counsel of accused granted bail - Impugned order passed by High Court set aside...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations with regard to inducement are only qua co-accused - There was no transaction of any nature directly between present accused and complainant - Only allegation against accused is that co-accused executed GPA in favour of complainant in respect of..........
