Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 341, 448, 354(b), 380, 336, 109, 147, 149, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s)(w), 3(2)(va) -- Anticipatory bail - Attempt to murder - Appellants have co-operated with I.O. - Charge sheet has already been filed -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compounding requires consent of complainant and Court cannot compel complainant to agree to it...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Proceedings initiated u/s 138 of the Act are quasi criminal in nature and the object and purpose of the provision is to provide a compensatory mechanism for expeditious recovery of money as opposed to punishing the accused...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Murder - Unlawful assembly - Evidence of injured eyewitness shows that appellants were part of unlawful assembly which committed murder and also caused injury to him - Though he was extensively cross examined, his testimony in this regard could not be shaken - Prosecution proved guilt of accused beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled the disputes between themselves - Offence in question compounded - Petitioner No.2, acquitted - Costs of Rs.20,000 imposed on petitioner No.2 to be deposited with Spinal Rehab Centre...........
Indian Penal Code, 1860, Section 323, 364, 387, 147, 149 -- Offence u/ss 323, 364, 387, 147, 149 IPC - Land dispute between parties - Injured himself admits that he was released by accused on the same day - Injury sustained by injured does not correspond with the manner of occurrence as stated by him and same is superficial in nature - There was simple demand of Rs.1 lakh..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 147, 504 -- Anticipatory bail - Abetment of suicide - Allegation against applicants are false and misconceived and informant is willing to settle the dispute - There is thus, no material or evidence with prosecution in respect of overt act of applicants instigating deceased to commit suicide..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
