NIA S. 138 – Dismissal of a complaint – When S. 378(4) CrPC explicitly provides for leave to appeal then the legal remedy is to take resort to file an application for leave to appeal before the High Court and not to bypass the same by taking resort to S. 372 .

PLRonline 482653 (LogIn to download)

Negotiable Instruments Act, 1881 (26 of 1881) Section 138 – When a complaint under section 138 of the Negotiable Instruments Act, 1881, is allowed by the trial Court, then the remedy for filing an appeal under Section 374(3) of the Code of Criminal Procedure, 1973, would lie before the Court of Session; however, in case the complaint is dismissed, then the complainant may apply for leave to appeal under Section 378(4) CrPC, and such appeal would be heard only when the High Court grants leave – When Section 378(4) CrPC explicitly provides for leave to appeal against the dismissal of a complaint, then the legal remedy is to take resort to file an application for leave to appeal before the High Court and not to bypass the same by taking resort to Section 372 CrPC, which is introduced for an entirely different purpose.

Tags: CrPC S. 372, CrPC S. 378(4), def, Discharge, Filing, FIR, Gm, Judgment, Jurisdiction, Loan, NIA S. 138, NIA S. 138 - Appeal, Punjab and Haryana, Revision

Tags: CrPC S. 372 CrPC S. 378(4)def Discharge Filing FIR Gm Judgment Jurisdiction Loan NIA S. 138 NIA S. 138 - Appeal Punjab and Haryana Revision

NIA S. 138 – Dismissal of a complaint – When S. 378(4) CrPC explicitly provides for leave to appeal then the legal remedy is to take resort to file an application for leave to appeal before the High Court and not to bypass the same by taking resort to S. 372 .

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887, Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years.. [PLRonline 114800]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149 – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

DNA – Evidentiary value of blood tests for determining paternity

CrPC S. 379, 482 – Personal appearance - Appellate Court - Suspension of sentence - Could not insist, upon the repetitive personal appearances of the convict.

NIA S. 138 – Dismissal of a complaint – When S. 378(4) CrPC explicitly provides for leave to appeal then the legal remedy is to take resort to file an application for leave to appeal before the High Court and not to bypass the same by taking resort to S. 372 .

Related Posts

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Welcome Back!

Create New Account!

Retrieve your password

Save PLRonline.in APP!