Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal - Drafting of appeal memo lacking some ingredients - Not a ground to dismiss appeal...........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Magistrate has power to enforce an order of maintenance by issuing a warrant to the Collector to recover the same as arrears of land revenue...........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Recovery - Magistrate can either issue a warrant for the levy of amount by attachment and sale of movables of defaulter or to issue a warrant to the Collector, authorizing him to realise the amount as arrears of land revenue - Magistrate can issue both kind of warrants simultaneously also...........
Criminal Procedure Code, 1973, Section 439 -- Bail - On parity basis - High Court granted bail to accused on parity basis while proceeding on irrelevant considerations and while ignoring relevant features of case - Order granting bail set aside - However, it is left open to accused to apply for bail afresh after surrendering and at an appropriate stage...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Murder - High Court while granting bail to accused has not at all considered seriousness and gravity of offence alleged against accused - Even, High Court has not considered relevant material forming charge sheet - More so, High Court while considering parity has not at all..........
Criminal Procedure Code, 1973, Section 161 -- Statement given by an accused to police u/s 161 Cr.P.C. is not admissible as evidence...........
Criminal Procedure Code, 1973, Section 439 -- Bail - In a case involving a serious criminal offence - Court is duty bound to consider : (i) The seriousness and gravity of the crime; (ii) The role attributed to the accused; (iii) The likelihood of the witnesses being tampered with if bail is granted; (iv) The likelihood of the accused not being available for trial if bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 352, 149, 147, 148, 504, 34 -- Bail - Double murder as a result of fire arm injury - Role of first respondent emerged during course of investigation, followed by filing of charge sheet - First respondent on being granted bail failed to co-operate in the expeditious disposal of trial..........
Criminal Procedure Code, 1973, Section 309 -- Examination of witnesses - Examination-in-chief followed with cross examination is to be recorded either on the same day or on the day following - There should not be any ground for adjournment in recording examination-in-chief/cross examination of prosecution witnesses as the case may be...........
