Indian Penal Code, 1860, Section 384 -- To attract the offence u/s 384 IPC twin ingredients are to be satisfied, viz. (i) Intentionally putting a person in fear of injury to himself or another; (ii) Dishonestly inducing the person so put to deliver to any person any property or valuable security...........
Indian Penal Code, 1860, Section 406 -- Ingredients to constitute the offence u/s 406 IPC are, viz. (i) Entrusting any person with property or with any dominion over property; (ii) the person entrusted (a) dishonestly misappropriating or converting to his own use that property; or (b) dishonestly using or disposing of that property or willfully suffering any other person..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved their differences and have compromised the matter - Accused is a poor person, thus, 15% of cheque amount towards costs of litigation can be waived off in the interest of justice - Parties are allowed to compound the offence in terms of S.147 of the Act..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Essential Commodities Act, 1955, Section 3, 7 -- Quashing of FIR - Cheating - Allegation that hydrocarbon mixture was found in the seized tanker which was being sold by accused representing it to be petrol or diesel - However, samples were sent more than two years back for testing but a..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused had suddenly stabbed deceased during a heated verbal argument with him and not during a pre-planned attack which was carried out with sole intention of causing death of deceased - Previous enmity between parties had been a contributory factor leading to verbal altercation but it was not a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of income tax returns of complainant - Income tax returns of complainant needed due to certain response elicited during course of cross-examining complainant - By allowing the application, complainant cannot claim that he will be put to hardship and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant closed after giving him sufficient opportunities - However, accused cannot be deprived of his right to defend himself since right to cross-examine is akin to right to defend - Although ample opportunities have been granted to accused and matter is pending..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of accused by way of affidavit is not permissible...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - No endorsement in favour of Bank - Notice given by bank is of no consequence - Summoning order and complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........
