Category: Cr P C

Criminal Procedure Code, 1973, S.309–Adjournments–Legal position reiterated—Held; (i) Once examination of witnesses begins, the same has to be continued from day-to-day unless evidence of the available witnesses is recorded, except when adjournment beyond the following day has to be granted for reasons recorded. (ii) When a. witness is available and his examination-in-chief is over, unless compelling reasons are there, the trial court should not adjourn the matter on the mere asking.

  (2018) 1 AICLR 269 : (2018) 1 ALT(Crl) 90 : (2018) 1 ApexCourtJudgments(SC) 304 : (2018) 1 BomCR(Cri) 590 : (2017) CriLR 1256 : (2017) 6 CTC 883 :…

Normally, retrial has to be ordered by appellate court under S.386 Cr.P.C—However, in exceptional circumstance, such a power can be exercised by the High Court under Art. 226 or by Supreme Court under Art. 32 (ii) Such a power can be exercised even before the pronouncement of the judgment by the Trial Court.

  (2018) 1 AICLR 240 : (2017) AIR(SCW) 5690 : (2017) AIR(SC) 5690 : (2017) 3 AllCrlRulings 3409 : (2017) AllSCR(Crl) 1928 : (2017) 4 BomCR(Cri) 661 : (2018) CriLJ…

Quashing—Loan availed through bank or financial institutions on basis of forged documents—Criminal complaint in such cases not to be quashed on compromise entered between the parties on receipt of amount dues and issuance of no due certificate by Bank.

(2016) AllSCR(Crl) 736 : (2016) 2 ApexCourtJudgments(SC) 107 : (2016) 2 CriCC 393 : (2016) 2 LawHerald 1775 : (2016) 2 LawHerald(SC) 1120 : (2016) 2 RCR(Criminal) 357 : (2016) 2 RecentApexJudgments(RAJ) 267 SUPREME…