Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Evidence produced by accused has no bearing on the merits of case - Accused even cannot deny the fact that though defence evidence was closed by trial Court but revisional Court granted three opportunities to accused to..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Cross-examination of complainant - S.145(2) of the Act nowhere contemplates that application should be elaborate with details as to on what points accused is to cross-examine complainant - It would be contrary to canons of criminal jurisprudence to deny right to defend and to expect opening of..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased stopped accused side from digging the foundation - Allegation against accused is of causing injury on the face of deceased - Role of accused is akin to that of other co-accused - Conviction of accused altered from S.302 IPC to S.304(Part II)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Evidence of witnesses on behalf of complainant shall be permitted to be taken on affidavit for conduct of inquiry u/s 202 Cr.P.C. - In suitable cases, Magistrate can restrict inquiry to examination of documents without insisting for..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Locus standi - Complaint at the instance of third party who is neither a payee nor a holder in due course is not maintainable, as he has no locus standi to prosecute accused in terms of S.142(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction of Court - When cheque is delivered or issued to a person with liberty to present the cheque for collection at any branch of bank where payee or holder in due course maintains the account and within the jurisdiction of Court, where such cheque was presented for collection will..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Question of jurisdiction of Court - When question of jurisdiction to be decided, said challenge should be raised before same Court and said Court has jurisdiction to decide question of jurisdiction and question of jurisdiction never be a subject matter of challenge in a writ petition...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused allegedly made extra judicial confession before Village Administrative Officer/PW1 whom he did not know - Alleged confession was made by accused more than two months after the incident which makes it more suspicious - PW1..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of dead body at the instance of accused - Dead body of deceased was recovered from a place which was accessible to all - A day prior to alleged discovery, PWs 1 & 2 had gone to place where dead body was found - This also raises serious doubt about theory..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
