Indian Penal Code, 1860, Section 436, 304, 429, 34 -- Offence u/ss 436, 304, 429, 34 IPC - Previous land enmity between parties since 1984-85 - Accused allegedly lit fire on cowshed of informant resulting in death of his grand-daughter and one calf - Eye witnesses account given by them is believable, reliable and quite reasonable and there is no ground to disbelieve the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Accused admittedly availed the credit facility to the tune of Rs.77 lakhs from complainant bank and in order to repay the sum he issued two cheques which got dishonoured - He admitted his signatures on the cheques in question - However, accused had not even sent any reply notice though she was in..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Contradictory evidence given by PWs regarding the fact that accused was being found on the floor in unconscious state with bleeding injuries - Prosecution has not brought on record any evidence that there were any injuries on accused or that he was treated in the hospital - Weapons used in the..........
Criminal Procedure Code, 1973, Section 188, Indian Penal Code, 1860, Section 498A -- Sanction u/s 188 Cr.P.C - Offence u/s 498-A IPC committed outside India - Matter definitely would come within ambit of S.188 Cr.P.C - Proceedings without obtaining prior sanction as contemplated u/s 188 Cr.P.C is thus, vitiated...........
Indian Penal Code, 1860, Section 363, 366A, 365, 368, 376, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Kidnapping and rape - Compromise - Victim married with accused on her own accord and she is major - Their marriage is registered and they are living happily - No useful purpose to continue proceedings against accused - Offence compounded -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was invalid on the date of presentation before bank and same was dishonoured - No liability u/s 138 of the Act would be attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merger of banks - Cheque issued of Allahabad bank - Allahabad bank merged with Indian Bank - Cheque issued from Allahabad Bank and presented before Indian Bank till 30.09.2021 was valid - However, in the instant case cheque of Allahabad Bank was presented in Indian Bank on 21.08.2023 - Cheque was..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque is admitted by accused, there is presumption u/ss 118, 139 of the Act unless contrary is proved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused had not questioned the financial capacity of complainant in her reply notice - Complainant in the absence of a specific averment in reply notice with regard to his financial capacity cannot be expected to prove his means at the fag end of..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations against father-in-law and mother-in-law - Omnibus hurling of abuses against accused - No specific overt act is indicated in the complaint qua accused as the entire narration in the complaint is the squabble between husband and wife..........
