Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - If there is an application u/s 145(2) of N.I. Act for recalling a witness of complainant, Court shall decide the same, otherwise, it shall proceed to take defence evidence on record and allow cross examination of defence witnesses by complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Plea of being nominee Directors and non executive Directors of Company - Petitioners whether incharge of the conduct of business or involved in the day to day affairs of the company is a matter of trial - No ground to quash proceedings...........
Indian Penal Code, 1860, Section 457, 380 -- Offence u/ss 457, 380 IPC - Recovery of one computer and black coloured shirt effected from room of accused which was worn by accused during incident in pursuance of corroborations made in the light of CCTV footages of bank - All these seizure from room of accused indicates that he is sole miscreant who committed crime - Accused..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Allegation that accused after snatching gold necklace of victim kidnapped her - No evidence on record that accused kidnapped the victim with an intention to marry her - Victim stated that she was raped against her will multiple times for seven days - However, no evidence on record that victim had at any time during said..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Accused and victim both adult and acquainted with each other - Whatsapp messages prima facie indicate that victim was in constant touch with accused not only after the alleged incident but even after lodging FIR - Prima facie relationship appears to be consensual..........
Indian Penal Code, 1860, Section 302 -- Murder - Testimony of informant/PW1 was not reliable and could not have formed basis of conviction - PW1 was influenced by Sarpanch whose active participation in proceedings subsequent to incident cannot be ruled out - Medical evidence did not support the prosecution case, as weapon of assault could not have caused injury on deceased..........
Indian Penal Code, 1860, Section 304(Part I), 304(Part II) -- Nature of offence - Accused allegedly hit a blow on the head of deceased with the weapon of offence (Weed axe) resulting in his death in hospital - Weapon of offence is a common agricultural tool - Deceased died due to internal head injury - Accused could only be attributed with knowledge that it was likely to..........
Indian Penal Code, 1860, Section 304(Part II), 307 -- Offence u/ss 304(Part II), 307 IPC - Non-examination of independent witness - No independent eye witness has been examined though many persons were present at the place of occurrence - PWs 6, 7 and 9 have also turned hostile - If independent witness has been examined correct picture of incident have come on the surface..........
Indian Penal Code, 1860, Section 304(Part II), 307, 326 -- Nature of offence - None of injury was on vital part of body of deceased - Doctor opined that injury no.1 was grievous in nature and injury No.2 was simple - Injury No.1 was grievous because left arm of deceased was fractured - However, arm and leg are not vital part of body which can cause death - Blood clouting..........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Incident took place in the year 1998 and about 25 years have passed - Accused was in jail for a considerable period and he has never misused the privilege of bail and now he is not involved in any criminal activities - Sentence of accused reduced to period already undergone by him subject to payment of fine of..........
