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Supreme Court & High Courts Judgments
An agreement was signed and cheque was issued by the accused--Accused had put his signature on the agreement drawn on a white paper and not on a stamp paper--Acquittal..
Supreme Court
Complainant failed to establish as to how a cheque issued by the accused allegedly in favour of third party landed in his hands--Presumption rebutted through the preponderance of probabiliti..
Complainant had neither the financial capacity to lend nor the loan was depicted in his Income Tax Returns--Complainant failed to showcase as to when the said loan was advanced to the Accuse..
Contradiction with regard to time of issuance of cheque--Whether it was issued at the time of advancing loan or whether after due deliberations on refusal to repay--Acquittal..
Jostling and pushing, in the process of the appellant trying to escape himself from the arrest--Such an act was not with any intention to assault or use criminal force--Acquittal..
Repayment of Loan--Once the execution of cheque is admitted then mere dispute with regard to rate of interest cannot be ground to hold that there was no legally enforceable debt..
Request for exemption from filing of certifed copy of Judgment and Order can be considered only on proof of actually having been applied for the same..
Accused was involved in serious offence like murder and was absconding for couple of years--Order granting bail set aside..
Accused cannot be denied the right to have inspection of the documents including the “un-relied upon documents” collected during investigation..
Delay in Investigation--Long Custody--First Application was dismissed on the assurance by the prosecution that the trial would be concluded within 6-8 months--However, even the chargesheet h..
Discharge--FIR under S.392 IPC for robbery of cash and document was registered at the instance of the appellant against unknown persons--Deceased was employee of appellant--Appellant was mad..
Exparte Interim Stay on order granting Bail--Order of stay continued to operate for more than one year without hearing the accused on merits for cancellation--Stay set aside..
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