Unit-3

Drafting,
Pleading &
Conveyancing
MS. S AMRITI, ASSISTANT PROFESSOR, VSLLS, VIPS-TC

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UNIT-III
APPLICATIONS UNDER
CRIMINAL LAW
 The concept of bail, which is a basic part of the Indian
Application criminal jurisprudence and it is well recognized principle
among all the judicial systems of the world.
For Grant Of Bail, in law, means procurement of release from prison
Bail of a person awaiting trial or an appeal, by the deposit of
security to ensure his submission at the required time to
legal authority.
Bail for Bailable offences: section 436 of CrPC (If the
offence alleged is bailable, then, the Accused is entitled
for Bail as a matter of right)
Bail for non-Bailable offences: section 437 of CrPC
(Section 437, Criminal Procedure Code, deals with the
powers of the court, to grant or refuse bail to person
accused of, or suspected of the commission of any non-
bailable offence)
Application For Grant Of Bail Under Section 437 Of Code
Of Criminal Procedure, 1973
 General Nature & Gravity
Principles of Previous records of the accused
Criminal Statement in regard to flee from
Pleading justice
Object of injury or humiliation
Claim from the Court
 Contents Of The Bail Application
The name of the magistrate court under whom the bail application is filed.
The section of CrPC must be mentioned under which the application is moved.
The name of the parties must be mentioned.
The FIR number should be mentioned.
The name of the police station in which the accused is in custody should be mentioned.
The date on which the accused was taken into custody.
The reason based on which the accused should be granted bail should be mentioned.
The surety of accused not absconding if bail is granted should be mentioned.
The accused will present before the court whenever required to be present.
The accused will not leave the country without the permission of the court should be mentioned.
The counsel in prayer should ask the court for granting the bail.
The applicant should sign the bail application.
 EXERCISE
Draft an application for bail for ABC who has
been accused of an offence u/s 124A.
 Section125 CrPC
An woman not lawfully married, is not entitled to maintenance u/s 125 CrPC.
The marriage of a woman in accordance with the Hindu rites with a man.
An order of interim maintenance u/s 125 CrPC may be passed by magistrate. for maintenance of wives, children
and parents. If any person having sufficient means neglects or refuses to maintain--
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child
is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly
allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such
Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
 Cont.
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if
the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section,
order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such
proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far
as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so
ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant
for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each months 4[allowance
for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to
imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such
amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may
consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just
ground for so doing. (If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wifes
refusal to live with him.)
Cont…
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim
maintenance and expenses of proceeding, as the case may be, from her husband under this
section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her
husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section in living in
adultery, or that without sufficient reason she refuses to live with her husband, or that they are
living separately by mutual consent, the Magistrate shall cancel the order.

(Explanation.--For the purposes of this Chapter "minor" means a person who, under the
provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his
majority and "wife" includes a woman who has been divorced by, or has obtained a divorce
from, her husband and has not remarried.)
 Draftofapplicationu/s125CrPC

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, DELHI

CRIMINAL COMPLAINT NO. _____ OF 2019

IN THE MATTER OF:

Smt. ABC
w/o Shri R Kumar
R/o 123, Rani Bagh,
Delhi Complainant

Vs

Shri Zee
S/o Shri K Kumar
R/o 134, Green Enclave,
New Delhi Respondent

PS: Karol Bagh

Application under Section 125 of the Cr PC, 1973 claiming maintenance @ Rs.10000 per month in favour of the
Complainant.
 • Body of the application
• Prayer

IN THE PREMISES MENTIONED HEREINABOVE, THIS HON’BLE COURT MAY PASS AN Cont.
ORDER:

a. Directing the Respondent to pay monthly maintenance of Rs. 25,000.00 (Rupees Twenty five
Thousand Only) w.e.f March, 2012;

b. Cost of the litigation of the present proceedings be also awarded in favour of the Complainant.

Complainant
Place: Through
Date: (Advocate)
 EXERCISE

The complainant/applicant ABC is the legally wedded wife of the Respondent Zee. ABC and Zee
stayed together after their marriage and for the last two years. The matrimonial life of the ABC and
Zee got disturbed on account of the illegitimate affair of Zee with a girl. ABC made best possible
efforts to persuade the Zee to desist from indulging in an affair outside their wedlock. However, the
same had no effect on the Zee. Rather, the behavior of the Zee towards ABC became rude and cruel
as a consequence she had to leave the matrimonial home along with the legitimate son of the Zee
and ABC. ABC made repeated attempts to join the Zee in the matrimonial home.
ABC has no independent source of livelihood and as such is unable to maintain herself &
her son. The son is a minor and is also staying with ABC. He is studying in DS, New
Delhi, and his monthly expenditure including school fees, dresses etc. is more than Rs.
30,000.
Draft an application for maintenance u/s 125 of CrPC.
 Section 320 of the Code of Criminal Procedure, 1973 deals with
compounding of offences.
Section 320 (1) list down the offences which are compoundable at
the interest of the parties.
“to settle a matter by a money payment, in lieu of other liability.”
Compounding of offences means the complainant and the accused
Compounding persons agreeing to compromise i.e. the complainant can take back
charges that are levied against the accused and in exchange the
of Offences by accused can give money for such compromise.

way of Merely because an offence is compoundable under Section 320 CrPC,

still discretion can be exercised by the court having regard to nature
Compromise of offence.
u/s 320 (i) CrPC
Complaint under Section 138,
Negotiable Instruments Act
138 Dishonour of cheque for insufficiency, etc., of funds in the account.
When is the offence u/s 138 of Negotiable Instruments Act, 1881 committed?
It is committed when a cheque drawn by the accused on an account being maintained by him in
a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the
reason that the amount exceeds the arrangement made with the bank.
A complaint in writing made by the payee or holder of the cheque in due course within a
period of one month from the date the cause of action accrues to such payee or holder under
clause (c) of proviso to Section 138.
 Cont.
The cause of action to file a complaint accrues to a complainant/payee/holder of a cheque in due
course if:
(a) the dishonoured cheque is presented to the drawee bank within a period of three months from the
date of its issue.
(b) If the complainant has demanded payment of cheque amount within thirty days of receipt of
information by him from the bank regarding the dishonour of the cheque and
(c) If the drawer has failed to pay the cheque amount within fifteen days of receipt of such notice.
According to section 142(c) of the negotiable instruments act, 1881, no court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable
under section 138.
 Exercise

Draft appropriate remedy on behalf of ABC Ltd. who was given a cheque of Rs.
10,00,000/- by XYZ but the same was not honoured by the SBI Bank. The Bank
returned the cheque stating “insufficient funds”.
Application u/s 482 of Cr. P.C
Section 482 of the Code Of Criminal Procedure, 1973 pertains to saving of inherent powers of
High Court.
Under Section 482 CrPC – “nothing in this Code shall be deemed to limit or affect the inherent
powers of the High Court to make such orders as may be necessary to give effect to any order
under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends
of justice”.
This provision confers the HC with an inherent power to quash an FIR or a complaint, upon
satisfaction of well-established parameters.
It cannot be invoked with respect to any matter covered by the specific provision of the Code, or
when there is another remedy available
Exercise
Draft an application u/s 482 of Cr PC for having a FIR quashed in a matrimonial
case where both the Ram and Radha, husband and wife have decided to
peacefully live together after settling their dispute.
THANK YOU