When original not produced before Court S.195(1)(b)(ii) not attracted.

As the document alleged to have been forged was not produced in the court the provisions on S.195(1)(b)(ii).  Supreme Court of India Sushil Kumar And Ors vs State Of Haryana … Continue reading When original not produced before Court S.195(1)(b)(ii) not attracted.

Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC

Supreme Court of India Ajay Agarwal vs Union Of India And Ors on 5 May, 1993 Equivalent citations: 1993 AIR 1637, 1993 SCR (3) 543 Author: H P Ramaswarmy Bench: … Continue reading Extra Territorial Jursidiction of IPC – S.4 IPC, S188 CrPC

On Re-investigation 173(8) CrPC

Comment : A landmark decision on powers of further investigation and how in the fitness of things – the police should inform the magistrate and seek permission to maintain harmony … Continue reading On Re-investigation 173(8) CrPC

Intention to defraud/cheat at time of making of contract essential to make out cheating.

Comment : In this case the Court was faced with a situation where a complainant prosecuted the vendors in an agreement to sell that he entered, for Cheating (420/415/418), 423 etc. … Continue reading Intention to defraud/cheat at time of making of contract essential to make out cheating.

For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary

This decision basically states that merely because cheque gets dishonoured – won’t automatically give rise to liability u/s 420 for cheating – the prosecution/complainant has to prove that at the … Continue reading For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary