Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Indian Penal Code, 1860, Section 308, 325, 323, 147, 148 -- Offence u/ss 308, 325, 323, 147, 148 IPC - Framing of charges - Victim received 8 injuries on his body, out of which four injuries were found grievous in nature - He stated in his statement u/s 161 Cr.P.C, that accused aimed blows of iron rods held by them on him with intention of killing him - Victim managed to..........
Indian Penal Code, 1860, Section 406 -- Misappropriation of Istridhan - Gifts given at the wedding do not fall within terminology of Istridhan - Only articles which are given to bride for her exclusive use after marriage fall under such a head...........
Indian Penal Code, 1860, Section 406, 498A, 506 -- Misappropriation of Istridhan - Cruelty - Criminal intimidation - Vague allegations were made by wife that dowry article are lying in custody of i, laws who did not allow her to use and misappropriated it, particularly when accused are residing in two distinct and different towns - Even no single instance of substantive..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 420, 120B -- Quashing of proceedings - Cheating - Compromise - Parties have settled their dispute amicably - No possibility of accused being convicted in the case pending against him - No useful purpose would be served by keeping criminal proceedings pending - Proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused sentenced to period of 1 year S.I - However, accused has undergone period of 10 months and 15 days in custody and also suffered agony and trauma of protracted trial - Sentence of accused thus, reduced to period already undergone by him...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 327, 34 -- Quashing of FIR - Offence u/ss 323, 341, 327, 34 IPC - Compromise - Parties have settled their dispute amicably - There is no possibility of accused being convicted in the case pending against him - When once disputes have been settled by mutual compromise, then no useful..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B -- Bail - Rape - As per allegations, it is highly improbable to accept on the face of it that petitioner, in the presence of his parents and sister has done so - Even, there is no medical evidence to support allegations which have come belatedly - Moreover, it is highly improbable..........
Indian Penal Code, 1860, Section 511 -- Attempt to commit an offence begins when accused commences to do an act with necessary intention...........
