Criminal Procedure Code, 1973, Section 446 -- Proceedings u/s 446 Cr.P.C. - Order of recovery of Rs.5000 from appellants who stood surety to accused by attaching their land and standing crops - Accused failed to surrender before Court after expiry of period of temporary bail - But later on accused appeared and acquitted by High Court - Proceedings initiated u/s 446 Cr.P.C...........
Criminal Procedure Code, 1973, Section 446, 482 -- Quashing of Order - Accused absented - Intentional or Unintentional - Accused was arrested in another theft case and was confined to jail - Circumstances were beyond the control of appellant - Appellant placed on record final report and memo of arrest which shows due to involvement of accused in theft case, he was unable..........
Criminal Procedure Code, 1973, Section 446 -- Accused absconded - Surety bond forfeited - Bond amount deposited without protest - Once amount is deposited the same cannot be refunded - S.446(3) Cr.P.C. postulates that prayer for remission can be made before depositing the amount of penalty - The word `remit' cannot be construed to mean refund...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 446 -- Dishonour of cheque - Non-appearance of accused - Imposition of penalty - Accused did not surrender before Magistrate to receive verdict of trial Court - Failed to place before Court any material - Sureties did not offer any explanation when notice u/s 446 CrPC was issued - Held,..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Show cause notice - Person bound by bond is to be served with a notice calling upon him to pay the penalty or to show cause why it should not be paid - It is obligatory for Court to provide such opportunity to appellant before proceeding to recover penalty...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Show cause notice - Explanation furnished by appellant - Court has to give due consideration to such explanation and pass appropriate order in accordance with law - It is not open to Court to proceed to make recovery straightway immediately after passing of order for forfeiture of bond...........
Criminal Procedure Code, 1973, Section 446 -- Imposition of penalty of bond amount of surety - Validity - As soon as accused met with his family members (sureties) they tried for his production - Quarrel took place - Appellant "G' immediately made a report to concerned police station where warrant of arrest was pending - Accused was taken into custody which was informed to..........
Criminal Procedure Code, 1973, Section 446(2) -- Proviso -- Civil imprisonment - Imposition of - Procedure to be followed - Held, unless and until all steps to recover penalty u/s 421 of the Code are exhausted, court shall not pass an order u/s 446(2) of the Code to civil imprisonment - An order to imprisonment in civil jail u/s 446(2) of the Code can be passed only after..........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of bond - Failure of accused to appear in court will not amount to a breach of terms of bond so as to automatically result in forfeiture of bond - There has to be intention of accused not to abide by the terms and conditions of bond - Such intention can be gathered only after giving opportunity of hearing to the..........
Criminal Procedure Code, 1973, Section 446, 446A -- Cancellation of bond - Once bond is forfeited for breach of condition the said bond stands automatically cancelled u/s 446-A of the Code - No more order is required to be passed by the Magistrate...........
