Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - All transactions have taken place at Bijapur - No doubt, accused is residing at Bagalkot and the same will not confer any jurisdiction - Moreover, merely because accused is having corporation bank account at Bagalkot, the same will not confer any jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order refusing consolidation - Out of 19 cases, in two cases there is one complainant and other 17 cases, complainants are different - Cheque in question are also different - Merely because petitioner is accused in all cases and complainants have..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay of 9 days in filing complaint - Petitioners who is authorised signatory of company, could not file complaint within stipulated time, as he had to go out of station, during which period, he also suffered from jaundice and said factors ought to have been considered by trial..........
Indian Penal Code, 1860, Section 417, 376 -- Cheating - Refusal to marry - Sexual relationship was not under misconception of fact, with regard to promise of marriage - Mere refusal to marry would not constitute offence u/s 417 IPC...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 120B, 109 -- Offence u/ss 13(1)(e), 13(2) of the Act and Ss.120-B, 109 IPC - Accused was not a public officer or public servant - He cannot therefore be charged with committing an offence u/ss 13(1)(e), 13(2) of P.C. Act - Only material put against accused is that sale deed was..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Dead body of deceased `S' not recovered pursuant to any disclosure made by any of accused - Not a single person had seen deceased `S' in the company of accused - Guilt of accused not proved - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Non-recovery of weapon of offence - Deceased had sustained a gun shot injury with a point of entry and exit - Non-recovery of weapon of offences would therefore, not discredit the case of prosecution which has relied on eye witness accounts...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Gun shot injury - Failure to produce a report by a ballistic expert who can testify to fatal injuries being caused by a particular weapon is not sufficient to impeach credible evidence of direct eye witnesses...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Prosecution is not required to prove that there was an elaborate plan in existence for a long time - Common intention to commit crime is proved if accused by their words or action indicate their assent to join in commission of crime...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of three eye witnesses - Eye witnesses deposed about presence of deceased at the pond and presence of accused at the place of occurrence - They also stated that accused having exhorted co-accused to kill deceased and co-accused shooting the deceased, as a result deceased sustained injury on chest and collapsed..........