Criminal Procedure Code, 1973, Section 2(i), 195(1)(b)(i), (ii), Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 193 -- Explanation 2 - Fabricated document - Fabricated evidence neither given on oath before Investigating Officer, nor Investigating Authority is "Court" for fabrication of document - Thus, investigation conducted..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - To exercise power u/s 482 Cr.P.C, complaint in its entirety has to be examined on the basis of allegations made in complaint/FIR/charge sheet - High Court at that stage is not under an obligation to go into matter or examine its correctness - Whatever appears on the face of complaint/FIR/charge-sheet..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 34 -- Quashing of proceedings - Cheating - Dispute as to agreement to sell executed between parties - Ingredients of offences in question cannot be said to be absent on basis of allegations in FIR/complaint/charge sheet - Though FIR/charge sheet indeed reveal commercial transaction but..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Criminal Procedure Code, 1973, Section 406, 177 -- Transfer of case from Delhi to Allahabad - Cause of action arose in Delhi - Criminal case ought to be inquired and tried ordinarily where cause of action has accrued - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from Delhi to Allahabad - Cause of action as per FIR alleged to have arisen in Delhi where matrimonial home of petitioner is situated - Most of PWs are situated in Delhi - 12 official witnesses are serving in Delhi - If transfer petition is allowed, they would be required to travel from Delhi to Allahabad which..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 307, 323, 342, 147, 148, 149, 508 -- Cancellation of bail - Double murder case - Accused granted bail on basis of parity with co-accused - However, bail granted to co-accused was cancelled - Since bail was sought by accused on a footing of parity, bail granted to accused also stands..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
