Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act cannot be compounded at the stage of revision before High Court without consent of complainant...........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Causing of annoyance to others is a sine qua non for commission of offence u/s 294 IPC...........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Absence of allegations of annoyance and alleged stated words to be obscene words cannot attract charge u/s 294 IPC...........
Indian Penal Code, 1860, Section 294 -- Offence u/s 294 IPC - Merely saying words that "Gali Galoch ki" is not sufficient to attract rigor of S.294 IPC...........
Indian Penal Code, 1860, Section 506 -- Criminal intimidation - Mere threats given by accused not with an intention to cause alarm to complainant, but with a view to deterring them from interfering in discharge of his duties would not constitute an offence of criminal intimidation...........
Indian Penal Code, 1860, Section 323, 324, 452, 506, 34 -- Offence u/ss 323, 324, 452, 506, 34 IPC - Property dispute between parties - Possibility of injuries being self inflicted not denied by doctor - Accused was not present at the place of incident at the relevant time as per their mobile location - Material variation between statements of complainant and CW2 -..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - For proving charge u/s 323 IPC in every case, existence of injury report or its proof by medical officer concerned is not necessary - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on the basis of oral testimony of witnesses...........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 4 -- Offence u/s 323 IPC - Benefit of probation - Injury reports of injured witnesses are placed on record - But same was not proved during trial by medical evidence - Medical evidence is essentially an opinion evidence and even in absence of medical evidence charge u/s 323 IPC may be proved on..........
Indian Penal Code, 1860, Section 323, Probation of Offenders Act, 1958, Section 12 -- Offence u/s 323 IPC - Removal of disqualification attaching to conviction - Offence u/s 323 IPC is not an offence of moral turpitude - Person released on probation of good conduct therefore, will not incur any disqualification due to conviction recorded by trial Court as provided u/s 12..........
