Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Appellate Court duly considered the overall facts and circumstance of case as well as duly appreciated the evidence and material available on record of the case - No grounds made out to warrant any interference in order of acquittal passed by..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Document sought to be produced i.e patta issued in the year 1941 and mention of said document is also there in suit - Petitioner later on added as a party defendant in suit and he has not filed any counter claim and if plaintiff wants to produce secondary evidence on record, petitioner cannot be allowed to raise..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undisputed signatures of accused on cheque itself is not sufficient for conviction u/s 138 of the Act - One of the ingredient for succeeding is that cheque was issued for discharge of debt or other liability...........
Criminal Procedure Code, 1973, Section 41 -- Arrest - It is mandatory on part of I.O to record reasons for making an arrest as well as for not making an arrest in respect of a cognizable offence for which maximum sentence is upto seven years...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Allegation of administering overdose of intoxicant to deceased is against co-accused - No allegation on record that accused ever met deceased or inflicted injury upon him - More so, as per medical report of deceased no poison found in body of deceased - Trial of case is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 205, 34 -- Bail - Abetment of suicide - Accused has been in custody since 28.11.2021 - Challan has already been presented and there are 26 witnesses and none of them have been examined - Trial of case is thus, likely to take time - Accused is not involved in any other case - He is sole..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Deceased was harassed is clear from evidence of her mother/PW3 - PW3 stated that deceased allegedly attempted suicide for first time by consuming poison as a result of harassment caused by accused - However, matter was settled between parties - However, even after settlement, accused had continued to ill-treat deceased -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- - Cancellation of bail - Kidnapping and rape - Cancellation of bail sought on the ground that accused was declared proclaimed..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Sine quo non for attracting provision of S.405 IPC is entrustment of property with accused...........
