Criminal Procedure Code, 1973, Section 190, 468(2)(b), Companies Act, 1956, Section 159, 162, 220 -- Cognizance of offences - Bar u/s 468(2)(b) - Applicability - Accused alleged to have committed offences u/ss 159, 162 and 220 of the Companies Act, 1956 - Cognizance after 11 years - Held, offence alleged in complaint against petitioner is not a continuous wrong - Bar to..........
Criminal Procedure Code, 1973, Section 202 -- Issue of process - Postponement of - Legality of - S.D.J.M. did not issue process against accused persons immediately after presentation of complaint petition and examination of complainant - On contrary, after recording initial statement of complainant on 26.02.2007, issue of processes was postponed till 20.03.2007 in order to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant - Dismissal in default - Complaint was dismissed in default on 25.05.2004 - Appellant had inspected record on 24.05.2004 and had come to know that case was listed on 25.05.2004 yet he did not care to appear on that day and accordingly complaint was dismissed - Held, once..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 1 year 4 months and 21 days from the day deceased went missing - Delay explained by stating that when no clue of his son was found during this period he requested the police to lodge report but police did not take any action - Not satisfactory explanation as informant could not tell the name of police station or..........
Medical negligence -- Surgical operation - Laminectomy - Death of the patient aged 21 years after 25 days - Cause of death certified as 'cerebral Hypoxia following Cardiac Arrest, leading to brain death and ultimately, multiple organ failure' - Hospital not made party - Medical records of hospital running into 200 pages though available with complainant not brought on..........
Medical negligence -- Res ipsa loquitur - Doctrine of res ipsa loquitur cannot be applied to a complicated surgical operation in which the complaint is based on the premise that severe damage to the brain is possible with no negligence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheques were not issued by accused either towards repayment or as security for repayment of any debt but were issued as security for performance of his part of contract entered into between himself and complainant under memorandum of understanding i.e., excavation of granite..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque bearing signatures of accused on its face and also on reverse of it - Goes to show that the said cheque was intended to be used as a `self cheque' and not issued by accused to any other person - Writing on cheque not in the hand of accused - Account in Bank in the name of complainant was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused borrowed loan - Loan amount not established - Presumption u/s 139 of the Act is not available...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan advanced by husband and cheque issued in favour of wife - Husband not examined as a witness - Failure to prove fact of lending money and receipt of cheque by complainant towards discharge of loan amount - Accused acquitted - Order upheld...........
