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सार्वजनिक·190 सदस्य

Expression *any property*' in Section 102 Cr.P.C., 1973 *does not include immovable property* - Police officer has no power to dispossess person in occupation and take possession of immovable property in order to seize it.


Dishonour of cheque - *Bank did not say* signatures mismatched *Accused did not say* he did not issued the cheque - *Opinion of handwriting expert* that signature differ has to be ignored. *MP*


Dishonour of cheque - *Account closed before issue of cheques* - Section 138 not attracted. *P&H*


Second appeal - Can be admitted for hearing only if it *raises a question of law that needs determination* after notice to contesting party. *P&H*


Dishonour of cheque - *Pendency of insolvency proceedings no bar to Criminal proceedings* under section 138 Negotiable Instruments Act. *Madras*


Penal Code, 1860 (IPC) - Section 300 Exception 4 - Claim the *Benefit of sudden quarrel* -

▪Two were armed with sickles,

▪one with an iron pipe

▪and the other with wooden staffs -

Even if it is assumed that they may not have come with the intention of killing, *the fact that they were armed (•before hand), clearly indicates*

that the occurrence did not take place

▪in the heat of passion,

▪upon a sudden quarrel.

As pointed, both sides were coming to attend a Panchayat to settle a dispute.

*Where was the need to carry arms if the intention was only to settle a dispute?*

Even otherwise, *Exception 4* is not applicable because *the manner in which the blow was given right on the middle of the head,*

brings this case squarely within clause "Fourthly" of Section 300 IPC.


Adv Rahul Kushwaha
Dr.Sudha Kushwaha


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