Criminal Trial—Complainant, held, cannot be prevented from initiating proceedings for penal consequences for the alleged offences committed by the accused under the Indian Penal Code on the ground that a civil claim has been raised by the complainant, based on the alleged breach of the agreement—Indian Penal Code, 1860, Sections 403, 405, 415, 418, 420 & 423 r/w Sections 120B and 34.
Showing posts with label criminal trial. Show all posts
Showing posts with label criminal trial. Show all posts
Tuesday, April 24, 2012
Criminal Trial
Criminal Trial—Complainant, held, cannot be prevented from initiating proceedings for penal consequences for the alleged offences committed by the accused under the Indian Penal Code on the ground that a civil claim has been raised by the complainant, based on the alleged breach of the agreement—Indian Penal Code, 1860, Sections 403, 405, 415, 418, 420 & 423 r/w Sections 120B and 34.
Criminal Trial
Criminal Trial—In the course of criminal prosecution, a complainant cannot seek a reciprocal relief, for the actions of the accused—As in the instant case, the monetary consideration under the bill of exchange dated 1.2.2001, cannot be claimed in the criminal proceedings, for that relief the remedy would be only through a civil suit.
Tuesday, April 5, 2011
Criminal Trial
Criminal Trial—Defence—Despite the fact that CBI had fairly secured the documents which could prove the appellant’s case and they were put on record, no evidence in defence to prove the documents or to test the veracity had been produced by the apellant-accused—Held, it was for the defence and not the prosecution to use such evidence to it’s advantage—Further held, these documents could not have been exhibited as no one has come forward to prove them.