Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Signature on cheque alleged to be forged - Additional evidence at appellate stage - Comparison of signatures by handwriting expert - Despite having opportunity, accused did not put any question to the bank official examined in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Plea of non receipt of notice u/s 138 of the Act - It would be for appellate Court to decide such plea on the basis of evidence available on record - There is no requirement for appellate Court to have exercised power u/s 391 Cr.P.C. for summoning the official..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Power to record additional evidence u/s 391 Cr.P.C. should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - In a case based on circumstantial evidence, non-explanation or false explanation of accused u/s 313 Cr.P.C cannot be used as an additional link to complete chain of circumstances - It can only be used to fortify conclusion of guilt already arrived at on the basis of other proven..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Non-appearance of accused - Not a ground for cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail already granted may be cancelled if it is found that person who has been granted benefit of bail has violated any of conditions or misused the liberty by influencing the witnesses or tampering with the evidence...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet against accused filed within prescribed time limit and cognizance taken - Right of statutory bail to accused is not available on the ground that investigation qua other accused is pending...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Pendency of further investigation qua other accused or for production of some documents not available at the time of filing charge sheet would neither vitiate chargesheet nor would it entitle accused to claim right to get default bail on the ground that charge sheet was an incomplete charge sheet or that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Quashing of FIR - Offence alleged to be committed on the basis of fabricating and forged documents - However, there is no reference to any document which has been forged - More so, complainant failed to appear before Court to justify the allegations made..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Time barred debt - It is a mixed question of law and fact - Not to be decided by High Court while exercising jurisdiction u/s 482 Cr.P.C. - Impugned order quashing proceedings set aside...........
