Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife not liable for cheque drawn by her husband from the joint account relating to both of them - Proceedings qua wife quashed...........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Vague and general allegations - Absence of specific details that constitute cruelty against appellants - Appellants not residing at marital home and appellant No.1 was not even living in India - Proceedings against appellants quashed - If any material comes on record during..........
Indian Penal Code, 1860, Section 498A -- Cruelty - One instance unless portentous, in the absence of any material evidence of interference and involvement in marital life of complainant, may not be sufficient to implicate person as having committed cruelty u/s 498-A IPC...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - It is only the drawer of cheque who can be made an accused in proceeding u/s 138 of the Act - Proceedings qua wife quashed...........
Indian Penal Code, 1860, Section 324, 427, 504, 34 -- Offence u/ss 324, 427, 504, 34 IPC - Injury certificate of complainant indicates that he had suffered blunt trauma to right hand - Medical opinion sought by police indicates that there is possibility of injuries being self inflicted - Requisite ingredients to constitute offence u/s 324 IPC are completely absent -..........
Indian Penal Code, 1860, Section 376(2)(g), 342, 34 -- Rape - Sole testimony of prosecutrix - Prosecutrix stated that accused dragged her from her house to the house of accused - However, there are three houses in between the house of prosecutrix and accused and it is difficult to believe that at that time, prosecutrix did not make any cries/hues - More so, no semen was..........
Indian Penal Code, 1860, Section 307, 323, 324 -- Nature of offence - Injuries on PW1 and PW2 have been found to be simple in nature - There is no allegation of repeated or severe blows having been inflicted - Offence u/ss 323, 324 IPC can only be made out - Conviction of accused modified from S.307 IPC to Ss.323 and 324 IPC and sentence imposed is also reduced to period..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - No material available on record in regard to commission of offence in question except statement of complainant that `they beat me' - There is not even a whisper that after the incident complainant went to a doctor or underwent any kind of treatment - Basic ingredients to constitute an offence u/s 323 IPC is..........
Indian Penal Code, 1860, Section 384, 406 -- Offence u/s 384, 406 IPC - Quashing of proceedings - Basic ingredients of offence in question not proved against accused - No useful purpose is likely to be served by allowing criminal prosecution - Proceedings quashed...........
