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complainant

This tag is associated with 5 posts

Cheque bounce – Stop payment – civil disputes – No offence in the absence of proof of hand loan – Hand loan – No calculations for arriving for total sum for which the cheque was issued – Non- enquiry about the sufficient funds in the account of accused – complainant is a worker – accused is a employee – suppression of actual deal – Trial court dismissed the case – High court reversed it – Apex court held that when the actual saving of complainant for annum is of Rs.10,000/- only and when is a worker under the complainant , it not believable that he gave hand loan about 4 years back to the employer by borrowing amount from Bank – in absence of rebuttal in cross examination of DW 2 mediator – clearly shows the cheque was stopped due to civil disputes = CRIMINAL APPEAL NO. 1522 OF 2014 ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 278 OF 2013 RAMDAS S/O KHELUNAIK … APPELLANT VERSUS KRISHNANAND S/O VISHNU NAIK … RESPONDENT = 2014 July. Part – http://judis.nic.in/supremecourt/filename=41784

Cheque bounce – Stop payment – civil disputes – No offence in the absence of proof of hand loan –  Hand loan – No calculations for arriving for total sum for which the cheque was issued – Non- enquiry about the sufficient funds in the account of accused – complainant is a worker – accused … Continue reading

Medical Negligence – Angiography – aorta dissection – sever pain – right leg runs down- no pulse sensation – resulted in another Hospital an anigography and angio palsty – drives the complainant for mental and physical agony and financial loss – state consumer forum allowed the petiton – on appeal National consumer forum dismissed the complainant – Apex court held that There is sufficient material to come to the conclusion that the complainant was found stable after third day of angiography and till the date of discharge on September 8, 1999. The only allegation of the complainant is of abdominal pain during the process of angiography. There is no dispute that she was aged about 55 years and suffering from hypertension when the angiography procedure was conducted on her. It is probable that due to such associated causes the passage of the catheter through aortic space was not smooth. There is no material to infer that Dr. Chawla had undertaken any adventurous step. There is nothing on record which points out that Dr.Chawla used any brutal force to push the catheter. In our opinion, mere completion of the angiography does not rule out aorta dissection during the procedure. We find that the complainant did not had a serious aorta dissection but was having sub-acute aorta dissection and this is the reason that the complainant was subjected to clinical management and, in fact, her condition became stable without any surgical interference. It is nobody’s case that Dr. Chawla is not a competent coronary expert or he lacked adequate knowledge in the field of coronary surgery. He is duly qualified and has good academic credentials. We have not found his conduct to be below the normal standard of a reasonably competent practitioner in his field. We are in agreement with the reasoning and the conclusion arrived at by the National Commission that the complainant has not been able to prove medical negligence on the part of Dr. Chawla. In the result, we do not find any merit in the appeal and it is dismissed without any order as to costs.= CIVIL APPEAL NO. 6284 OF 2014 (@SPECIAL LEAVE PETITION (CIVIL.) NO. 18367 OF 2012) MRS. KANTA … APPELLANT VERSUS TAGORE HEART CARE & RESEARCH CENTRE PVT. LTD.& ANR. …RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41759

Medical Negligence – Angiography – aorta dissection – sever pain – right leg runs down – no pulse sensation – resulted in another Hospital an anigography and angio palsty – drives the complainant for mental and physical agony and financial loss – state consumer forum allowed the petiton – on appeal National consumer forum dismissed the complainant – Apex court held that There   … Continue reading

Quashing of private complaint under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 IPC. – stop the payment of cheques as those are stolen- but Bank Manger received the cheque without intimation – the complainant received cheque bounce notices – High court dismissed the petition under sec.482 – Apex court held that It is no doubt true that the Courts have to be very careful while exercising the power under Section 482 Cr.P.C. At the same time we should not allow a litigant to file vexatious complaints to otherwise settle their scores by setting the criminal law into motion, which is a pure abuse of process of law and it has to be interdicted at the threshold. A clear reading of the complaint does not make out any offence against the appellant/Branch Manager, much less the offences alleged under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 I.P.C. We are of the view that even assuming that the Branch Manager has violated the instructions in the complaint in letter and spirit. It all amounts to negligence in discharging official work at the maximum it can be said that it is dereliction of duty.In view of our above discussion, we have come to an irresistible conclusion that continuation of the criminal proceedings against the appellant for commission of the alleged offence under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 I.P.C. is a pure abuse of process of law and the complaint case deserves to be quashed in the interest of justice.We accordingly allow this appeal setting aside the impugned judgment of the High Court by quashing the criminal proceedings pending against the appellant in C.C. No. 2397 of 2012 under Sections 34, 379, 411, 418, 420, 467, 458 and 477 I.P.C. on the file of Additional Chief Judicial Magistrate, Ghaziabad, Uttar Pradesh.= RISHIPAL SINGH … APPELLANT VERSUS STATE OF U.P. & ANR. … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41732

Quashing of private complaint under Sections  34, 379, 411, 417, 418, 420, 467, 458  and  477  IPC. – stop the payment of cheques as those are stolen- but Bank Manger received the cheque without intimation – the complainant received cheque bounce notices –  High court dismissed the petition under sec.482 – Apex court held that … Continue reading

Rape by Police in Custody – absence of medical examination about the Rape is not fatal to the prosecution as they made efforts to get medically examined through petition, through complaint but the Doctors refused =the complainant and one Kamaljit Kaur, who were working as ‘dai’ and nurse respectively, and brought them to the Police Station. On the intervention of Maha Singh, President of the Para Medical Union, Kamaljit Kaur, was released, but the complainant was not released.- in the night of 09.02.1989, the appellants tortured her with patta, made her senseless and had intercourse with her and released her on the morning of 10.02.1989 on the intervention of the Panchayats of Villages Paili, Otal Majarh and Unaramour. when she was released on 10.02.1989, she was in a bad shape and she told them about the torture and sexual intercourse that was forced upon her by the appellants on the night of 09.02.1989. – The appellants in their statements under Section 313 Cr.P.C. before the trial court, on the other hand, took the defence that the complainant (PW-3) along with Kamaljit Kaur were actually released on 09.02.1989 at 6.00 p.m. = the trial court and the High Court have recorded the findings of rape committed by the appellants on PW-3 because of her consistent version in her petition dated 13.02.1989 (Ext.P3/A) to the Governor made within a few days of her release from Police Station on 09.02.1989, her complaint dated 25.07.1989 and her evidence in Court. PW- 1, PW-2 and PW-3 have deposed that an attempt was made for a medical examination in the Civil Hospital, Balachaur, and the hospital at Saroa but the doctors refused to conduct the medical examination on account of the pressure from the appellant-Radha Krishan, but DW-11 and DW-12, the doctors in the hospital, have denied that they had refused to conduct the medical examination. The result is that there is no medical evidence to support the allegation of rape made by PW-3 against the appellants. The High Court, however, has held that as PW-3 was not a young woman, medical examination was not significant and absence of medical examination may not be sufficient to disbelieve PW-3 if her story stands on its own. The High Court has found that she has consistently stated in her petition dated 13.02.1989 to the Governor of Punjab, in her complaint dated 25.07.1989 before the Magistrate and in her deposition in Court that she was detained in the night and raped by the appellants and both the trial court and the High Court have found that soon after she was released from the Police Station on 10.02.1989, she stated before her husband (PW-1) and the neighbour (PW-2) that she had been raped by the appellants and that she was bleeding profusely. The trial court and the High Court, therefore, have come to the finding of guilt of rape against the appellants relying on the evidence of PW-3 as corroborated by the evidence of PW-1, PW-2 under Section 157 of the Indian Evidence Act.= Thus, the trial court and the High Court have recorded concurrent findings of facts holding the appellants guilty of the offences under Sections 323/34, 504/34, 376(2)(a) and 376(2)(g) IPC and the appellant- Radha Krishan guilty of the offence under Section 342 IPC also. = It has been repeatedly held by this Court that even though the powers of this Court under Article 136 of the Constitution are very wide, in criminal appeals this Court does not interfere with the concurrent findings of facts, save in exceptional circumstances where there has been grave miscarriage of justice

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40523 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 232 of 2007 Charanjit & Ors. …… Appellants Versus State of Punjab & Anr. ….. Respondents       J U D G M E N T A. K. PATNAIK, J. This is an appeal by way of special leave … Continue reading

For a cheque issued by a third party-Bank Manager cannot be prosecuted u/s 138 N.I. Act.

HIGH COURT OF JUDICATURE AT ALLAHABAD  Reserved AFR CRIMINAL MISC. APPLICATION NO. 21683 OF 2007 R.K. Dixit………………………………………………Applicant versus State of U.P. and others……………………….Respondent Hon’ble Vinod Prasad, J. Applicant R.K. Dixit, Manager Allahabad Bank/Field Officer, Allahabad Bank Branch, P.S. Civil Lines, District Moradabad has approached this court u/s 482 Cr.P.C., through instant Application, praying for quashing … Continue reading

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