Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife and two children - Husband was aged about 43 years at the time of filing of application - No contra evidence to prove that husband is suffering from any serious illness - Although wife had filed application u/s 3 of Muslim Women's (Protection of Rights) on Divorce Act, but nothing on record..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Application for impleadment of L.R's of deceased accused at the instance of complainant is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Sentence of imprisonment and sentence of compensation - On death of accused appeal abates - However, liberty lies with the L.R's of deceased accused to contest the appeal or not and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Mandatory inquiry u/s 202 Cr.P.C can be conducted by taking evidence of complainant on affidavit in cases u/s 138 of N.I. Act - Inquiry need not be necessarily conducted by taking evidence on oath - Further, documents may be examined..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - At the stage of issuance of summons for the purpose of S.202 Cr.P.C r/w S.145 of N.I. Act, MM is only required to examine whether basic ingredients of an offence u/s 138 of the Act have been prima facie made out by complainant and..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - MM has duly conducted necessary inquiry u/s 202 Cr.P.C before issuance of summons to accused - Merely because the summoning order of MM does not make specific reference to S.202 Cr.P.C, it cannot be accepted that an inquiry as..........
Criminal Procedure Code, 1973, Section 2(d) -- Complaint - Does not include a police report...........
Criminal Procedure Code, 1973, Section 482, Wakf Act, 1995, Section 52A -- Quashing of proceedings - Offence u/s 52-A of Waqf Act - Court can take cognizance of offence u/s 52-A IPC only on complaint - Complaint does not include a police report - Order taking cognizance by Magistrate based on police report is bad in law and thus, quashed...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - After grant of bail accused continuously threatening informant - Bail cannot be cancelled on this ground...........
Criminal Procedure Code, 1973, Section 156(3) -- FIR - Preliminary inquiry before registration of FIR - If application u/s 156(3) Cr.P.C does not discloses cognizable offence per se, but it is indicative of commission of some cognizable offences, Magistrate has discretion to direct a preliminary inquiry before directing registration of FIR...........
