Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against sister-in-law - Accused is a married woman and at the relevant point of time admittedly, she was residing with her family at her matrimonial home - No specific evidence has come in the form of any of PWs that may connect accused to the commission of the crime - Accused acquitted...........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against husband - PWs stated that deceased faced cruelty and harassment at the hands of her husband which compelled her to commit suicide - However, they did not state that such cruelty and harassment was in connection with demand for dowry - Offence u/s 304-B IPC not made out against accused -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non-appearance of complainant on the date fixed without affording even a single opportunity is wholly unjustified - Default being singular ought to have been ignored by Court and to do substantial justice, it ought to have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When cheque was sent for collection through another bank and intimation of dishonour was received from that bank along with dishonour memo issued by drawee bank, 15 days period can be reckoned from the date of intimation from collecting bank and not from date of dishonour of cheque by drawee bank...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 12(1), 12(2), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation for filing complaint u/s 138 of the Act is from the day on which the cause of action arises and first day has to be excluded for counting period of one month...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegations levelled in the FIR are mostly vague and general in nature - Complainant and accused severed their ties and they both settled in their respective lives abroad - Proceedings quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning...........
Indian Penal Code, 1860, Section 420 -- Cheating - Prima facie reading of FIR does not disclose commission of a cognizable offence of cheating - Intention to cheat from the beginning could not be made out from the complaint - Even, there is no whiff of any dishonesty or intention to deceive in any of statements of witnesses as recorded by police - Offence u/s 420 IPC not..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 42 -- Rape - Sentence u/s 376 IPC and S.4 of POCSO Act - Accused cannot be sentenced under both the provisions of IPC and POCSO Act, which is impermissible in view of S.42 of POCSO Act - On sentence being inflicted u/s 4 of POCSO Act, sentence u/s 376 IPC was uncalled..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Bail - Cheating - Financial irregularities committed by Society - Respondent was a close associate of Society with regular business - Investigation also indicates that out of the monies withdrawn from the Society's account by respondent investments were later made..........
