Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Sanction u/s 197 Cr.P.C. or sanction mandated under a special statute (as postulated u/s 19 of Prevention of Corruption Act) is a necessary pre-requisite, before a Court of competent jurisdiction takes cognizance of an offence (whether under the IPC or under the concerned special statutory enactment)..........
Criminal Procedure Code, 1973, Section 320 -- Compromise - In respect of serious offences like murder, rape, dacoity etc. or other offences of mental depravity under IPC or offences of moral turpitude under special statutes like P.C.Act, settlement between offender and victim can have no legal sanction at all...........
Indian Penal Code, 1860, Section 376, 420, Criminal Procedure Code, 1973, Section 482 -- Rape - Cheating - Quashing of FIR - Compromise arrived at between parties - Sexual intercourse on false promise of marriage - Marriage was solemnised with prosecutrix after realising that FIR has been registered - Approach of accused is apparently under clouds of suspicion - Although..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Death by burning - Accused is being perpetuated virtually without any trial behind the bars for almost two years - Even till date not even one PW has been examined - No likelihood of an early conclusion of trial -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Prosecutrix was 18-19 years old at the time of alleged occurrence - Accused was known to prosecutrix and they had intimated relations with each other - It is not the case of prosecutrix that accused has made the prosecutrix to sit in the bus forcibly - Prosecutrix had numerous opportunities to raise..........
Criminal Law Amendment Ordinance,1944 -- Clause 3, Indian Penal Code, 1860, Ss.409, 468, 471 - Attachment of property of accused - Offence u/ss 409, 468, 471 IPC - Death of accused - Property in the hands of legatees cannot be attached, as criminal Court cannot continue proceedings against a dead person and proceedings for attachment of property of accused u/cl 3 of 1944..........
Criminal Law Amendment Ordinance,1944 -- Clause 3, Indian Penal Code, 1860, Ss.409, 468, 471 - Attachment of property of accused - Offence u/ss 409, 468, 471 IPC - State Government can make an application for attachment even though proceedings against accused may not yet have resulted in a conviction...........
Indian Penal Code, 1860, Section 21 -- Public servant - Every officer who investigates or reports in any matter affecting pecuniary interest of Government is covered u/s 21 IPC...........
Prevention of Corruption Act, 1988, Section 2(c), 2(b), Indian Penal Code, 1860, Section 21 -- Public servant - As per evidence on record, it clearly shows that petitioner is appointed by Government of India and not by trustee as alleged by complainant - Hence, petitioner is public servant u/s 2(c) of PC Act and S.21 IPC and he is discharging public duty u/s 2(b) of PC..........
