Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Applicability of S.219 Cr.P.C. - There is no bar to lodge a single complaint in respect of more than one offence punishable u/s 138 of the Act - Thus, S.219 Cr.P.C. would not apply to proceedings u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 149, 120B -- Quashing of FIR - Cheating - Prima facie from documents available on record and from perusal of FIR, petitioners have committed alleged crime - Therefore, at this preliminary stage, it cannot be said that FIR is liable to be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 354D, 506, 509, 34, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Quashing of FIR - Compromise - FIR cannot be quashed on the ground that victim after attaining majority has decided to compromise matter with accused - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 245 -- Discharge - If evidence adduced by complainant at the stage of S.244 Cr.P.C, if un-rebutted, prima facie discloses ingredients of offences alleged against accused, no order of discharge can be passed u/s 245(1) Cr.P.C and Magistrate would be required to frame charge against accused u/s 246 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Neither chief examination nor cross examination of witnesses recorded - Summoning of additional accused only on the basis of putting two questions to the witnesses - Summoning of additional accused only on the basis of oral submission of witnesses - Not permissible - Order is totally based on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 380, 454 -- Bail - Murder - Accused is involved in heinous offence - After going through challan, it cannot be said that case is of no evidence against accused only for the reason that there is no eye witness of occurrence as per challan nor can it be finally said that circumstantial evidence..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court cannot appreciate evidence that has been collected by prosecution against accused while deciding bail application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Extraordinary situation happening due to pandemic cannot be a ground to grant bail to accused in the case which is otherwise at its initial stage...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 480, 486, 487, 120B -- Bail - Cheating - Accused submitted that due to communication gap between accused and his counsel, he could not appear before trial Court on date fixed - Bail granted subject to satisfaction of Court with a condition that accused will appear before trial Court on each..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of injections - Bail - Petitioner is in custody since 2018 - Only one witness has been examined out of total 13 witnesses cited by prosecution - Petitioner is on bail in another case registered under the Act - Trial of case is not likely to be concluded..........
