Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Finding of fact regarding monthly income of husband given by trial Court, not permissible to be substituted by revisional Court by its own finding and a different finding while exercising jurisdiction in criminal revision - Impugned order of revisional Court set aside...........
Criminal Procedure Code, 1973, Section 389 -- Stay of conviction - Offence u/s 498-A IPC - Accused is offering reasonable compensation to his wife although valid divorce has taken place between them - Sentence awarded is of 1 year's S.I u/s 498-A IPC - Offence is of private nature and offence does not attract colour of moral turpitude nor has any bearing upon his..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of order taking cognizance - Two competent criminal Courts have recorded concurrent findings of facts while taking cognizance against petitioner and while dismissing revision - Order taking cognizance is proper...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - S.401(3) Cr.P.C prohibits/bars High Court to convert a finding of acquittal into one of conviction - Order of conviction by High Court while exercising revisional jurisdiction u/s 401 Cr.P.C is unsustainable, beyond scope and ambit of S.401 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Revision against order of acquittal at the instance of victim or complainant as the case may be, shall not be entertained and victim or complainant, as the case may be shall be relegated to prefer appeal as provided u/s 372 or S.378(4) Cr.P.C, as the case may be...........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Where under Cr.P.C appeal lies but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per S.401(5) Cr.P.C - However, subject to High Court being..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Accused himself challenged the order framing charge in revision - Now, he cannot be permitted to say that revision was not maintainable - Even otherwise, if facts have been already considered in a legal proceedings which has attained finality, same issue may not be permitted to be agitated at..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - If findings in judgments under revision have been arrived at by ignoring or excluding relevant materials, or by taking into consideration irrelevant/inadmissible materials or entire approach of Court in dealing with evidence is patently illegal, leading to miscarriage of justice, nothing prevents High Court from..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Parties are at liberty to compound the offence at any stage even after dismissal of revision application...........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Complainant cannot be a party to revision petition, but can be a witness to proceedings and can at best assist prosecution and participate through learned APP for State, as expression `other person' u/s 401(2) of the Act does not include a complainant in revision, as other person is either accused or a person..........
