Indian Penal Code, 1860, Section 420, 34 -- Cheating - Property dispute - Complainant clearly and categorically stated in the complaint that accused had a dishonest intention from day one and never intended to sell suit property in spite of payment of Rs.51 lacs by complainant - Necessary averments in terms of offence punishable u/s 420 IPC are available on record -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and order declaring accused as proclaimed offender - Petition u/s 482 Cr.P.C. by an accused who is declared proclaimed offender is not maintainable - Accused should first move the Court who had declared him a proclaimed offender and even..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Admittedly, present petitioner neither signed cheque in question nor signed nor witnessed Distributorship Agreement - Even it has not been averred that petitioner was even present at time of signing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Permission to send cheque to FSL for expert opinion - As per complainant, case filed in year 2011 and once at request of petitioner cheque was sent to FSL for expert opinion and now petitioner again want to send the same again to expert which will not serve any purpose - Even, report of expert itself..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Interim bail - Suicide - Prima facie evaluation of FIR does not establish ingredients of alleged offence - Accused is resident of India and does not pose flight risk during investigation or trial - No apprehension of tampering of evidence or witnesses - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 153A, 295A, 505, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(I)(V) -- Anticipatory bail - Offence u/ss 153-A, 295-A, 505 IPC and S.3(I)(V) of SC/ST Act - Prima facie evidence is on record that Facebook posts were uploaded by petitioner are not only..........
Indian Penal Code, 1860, Section 420, 419 -- Offence u/ss 420, 419 IPC - Transfer of investigation - Allegations that Special Director CBI and concerned IGP have influenced administrative authorities of UT CHD. - False FIR was also lodged against petitioners with an intention to extort money from petitioner - Transcripts placed on record by petitioner do not make out a..........
Indian Penal Code, 1860, Section 302, 326 -- Offence u/ss 302, 306 IPC - Incident occurred in a trivial manner - Deceased had gone to house of accused and objected to dog poo thrown in front of his house - Accused became aggressive for this and did not listen - Accused was not carrying any arm rather he picked up a tangi lying in his house and struck a blow on his head -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 325, 342, 379B, 506, 307, 148, 149 -- Bail - Murder - Accused is in custody for last more than 3 years - Trial is moving at a very slow pace due to COVID-19 situation - Co-accused is granted bail after dismissal of bail application of accused - Bail held, granted to accused...........
Indian Penal Code, 1860, Section 376, 270, 370 -- Rape by HIV positive person - Whether constitutes offence of attempt to murder - If an HIV positive person is aware of their condition and has unprotected sex, then such act can be termed as negligent act - Said person can be punished u/s.270 IPC - Said act would not attract offence for attempt to murder punishable u/s.307..........
