Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have resolved their differences and 15% of cheque amount has already been deposited towards compounding fee - Nothing is due against petitioner - Conviction set aside - Offence compounded...........
Indian Penal Code, 1860, Section 323, 342, 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Offence u/ss 323, 342, 147 IPC and S.3(1)(s) of SC/ST Act - Dispute arose between parties due to some misunderstanding which is now settled amicably and same has been..........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Once formation of unlawful assembly at the time of committing offence is established, question of specific role of an individual member of assembly is rendered secondary - Prosecution, thus, need not prove any specific over act on part of each and every member of that..........
Indian Penal Code, 1860, Section 304(Part1), 302, 325, 147, 148, 149 -- Nature of offence - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Manner of execution of its object by assembly with dragging of deceased by legs and merciless thrashing,..........
Indian Penal Code, 1860, Section 302, 325, 147, 148, 149 -- Murder - Common object - Unlawful assembly - Deceased was brutally beaten black and blue with extensive injuries all over his body, including contusions, lacerated wounds and multiple fractures of various bones and ribs - Medical report supported ocular evidence - Manner of causing death of deceased makes it clear..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant received full and final balance amount - Petitioner allowed to compound the offence - 15% cheque amount towards cost of litigation waived off - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Complainant filed affidavit stating therein that he does not want to pursue litigation and he has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Offence compounded - Conviction set aside...........
Criminal Procedure Code, 1973, Section 482, 190, Indian Penal Code, 1860, Section 323, 504, 506, 354, 147 -- Quashing of summoning order - Order taking cognizance - Offence u/ss 323, 504, 506, 354, 147 IPC - Detailed cognizance order as well as summoning order passed by Magistrate with judicial application of mind to material available on record - Materials are sufficient..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Amicable settlement during pendency of appeal filed against order of conviction - Court can allow compounding of offence even when accused is convicted by Courts below - Offence allowed to be compounded - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence compounded - Conviction set aside - Accused acquitted - Prayer for exemption to pay 15% compounding fee as accused is required to expend huge sums of money towards his kidney ailment - Prayer accepted - Penalty reduced from 15% to 7% - Directions issued...........
