Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Clear admission by accused that amount mentioned in cheque was paid by first respondent/complainant by way of cheque - Held, in view of such clear admission, burden of proving discharge of debt shall be on petitioner/accused, which he has not discharged..........
Criminal Procedure Code, 1973, Section 436 -- Bailable offence - Issue of no, bailable warrant - Revision - Issuance of no, bailable warrant consequent to the failure to produce sureties and at the same time remaining absent on hearing dates - Held, it cannot be said to be improper or irregular - Revision liable to be dismissed - However, it is made clear that petitioner..........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement of - Validity - Maximum limit of annual income of revisionist is Rs.60,000/- only - Maintenance directed to be enhanced by trial Court to wife at the rate of Rs.2,000/- per month, and to daughter at the rate of Rs.1,000/- per month - Held, impugned order is modified to the extent that the enhanced sum..........
Criminal Procedure Code, 1973, Section 239, 240, 397, 401 -- Framing of charge - Revision against - Revisional Court can examine the correctness of the order framing charge by reference to the documents referred to in Ss.239 and 240 of Cr.P.C - Charge cannot be quashed on the basis of documents which accused may produce except in exceptional cases where documents are of..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Order directing registration of case and investigation - Order passed by Magistrate u/s 156(3) has already been executed and FIR has been registered against accused - Revisional Court, inspite of this fact entertained revision of accused and also stayed their arrest till submission of charge-sheet - Held, this was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement thereof - Trial court granted maintenance of Rs.500/- per month from date of order - Revision filed by wife claiming maintenance from date of application - Revisional court suo moto enhanced amount to Rs.1, 000/- to be paid from date of order - Validity of - Held, order of court below well inconformity..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Granted by trial Court - Revision against - Husband approached Court with misleading and false pleas - Cannot be heard in equity or otherwise in regard to the quantum of maintenance - Petition dismissed...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Cognizance against - Validity - Complainant did not name petitioners in FIR - Only complainant's examination in chief has been conducted - Previous enmity between two families - Held, it can safely be said that there was no substantial material against them at that stage to proceed against them - Revision..........
Criminal Procedure Code, 1973, Section 482, 397, 401, Indian Penal Code, 1860, Section 147, 323, 504, 506, 498A -- Matrimonial dispute - Criminal proceedings - Exercise of inherent power - Revisionist has challenged the summoning order by means of criminal revision - Held, since it is a matrimonial dispute and parties have come to terms and, therefore, High Court can also..........
Criminal Procedure Code, 1973, Section 190(1)(b), 482 -- Cognizance of offence - Quashing - Cognizance taken u/s 190 (1) (b) CrPC only on the basis of material available in the case diary and no extraneous material has been considered by Magistrate - Revision preferred by petitioner as well co-accused has been dismissed by Addl. Sessions Judge - Held, no error or..........
