Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of blank signed cheque would not absolve accused from liability - However, holder of cheque in due course cannot fill the amount more than he is entitled...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Enhancement of compensation - Complainant a senior citizen has been running from pillar to post to recover his money since 2016 which he had paid to accused for his proposed apartment project - Defence of accused appears false - Accused deposited only Rs.1,40,000 as per order of Court out of total..........
Indian Penal Code, 1860, Section 195A -- Offence u/s 195-A - To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract S.195-A IPC...........
Indian Penal Code, 1860, Section 383 -- Extortion - Forcibly taking any property will not come under the definition of extortion as defined u/s 383 IPC - It has to be shown that the person was induced to part with the property by putting him in fear of injury...........
Indian Penal Code, 1860, Section 386 -- Extortion - Nothing on record to indicate that there was actual delivery of possession of property (money) by the person put in fear - In the absence of anything to even remotely suggest that the first informant parted with a particular amount after being put to fear of any injury, no offence u/s 386 IPC can be said to have been made..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Call Detail Records (CDRs) - Mobile numbers alleged to have been used by accused `M' is not in his name but in the name of one `A' - No evidence is placed on record to show as to how said SIM came to be in possession of accused `M' - Apart from that if at the time of incident both of them were..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Mere retention of property entrusted to a person without any misappropriation cannot fall within ambit of criminal breach of trust - Unless there is some actual use by accused in violation of law or contract, coupled with dishonest intention, there is no criminal breach of trust...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Cheques were entrusted with accused in terms of collective decision taken by General Body of Union - No case of prosecution that said cheques were dishonestly misappropriated by accused contrary to terms of an obligation imposed - Cheques were seized by police and same has been produced before Magistrate -..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mental cruelty can vary depending upon respective matrimonial cases - So it is impossible to have a uniform standard to decide `mental cruelty' in different cases as facts and circumstances are not same...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence to prove that husband married for the second time - Wife herself admitted that though she had filed a complaint regarding her husband's alleged second marriage but she has withdrawn it long back - There is thus, no materials on record to prima facie prove that husband has allegedly married again - Mother of..........
