Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Indian Penal Code, 1860, Section 302, 304(Part II), 323, 147, 148, 149, 447 -- Nature of offence - Dispute took place on the spur of moment and there was no premeditation - Accused `R' inflicted only a single blow on the head of deceased with a lathi - It was thus, in the knowledge of accused `R' that his act was likely to cause death, but same would not fall within ambit..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Waiver of compounding fee - Complainant received the agreed amount - Accused is permitted to compound the offence - However, prayer for waiving of compounding fee not acceptable but considering mitigating circumstances of accused, same is reduced to Rs.10,000/- - Conviction..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence after proceedings had been concluded before Appellate Forum - Complainant received the settled amount - Compounding fee reduced keeping in view that accused is a poor widow lady, suffering from heart ailment, having four children including three daughters - Accused ordered to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 149, 148, 147 -- Quashing of complaint - Offence u/ss 323, 324, 506, 149, 148, 147 IPC - Trial Court relying upon statements of complainant and three witnesses produced by complainant formed opinion that there are sufficient grounds to proceed against accused - No such opinion was..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act can be compounded even after recording of conviction...........
Indian Penal Code, 1860, Section 307, 324, 342, 452, 149, 148, 147, 506 -- Attempt to murder - Quashing of FIR - Allegation that accused allegedly entered into the house of complainant and gave knife blows, not supported by any of villagers including neighbours of complainant - There is family dispute between two parties which resulted in filing of two cases by wife..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount deposited with trial Court has been agreed to be released in favour of complainant - Complainant has no objection for compounding the offence in case said amount is released in his favour - Offence ordered to be compounded - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 302, 323, 447, 147, 148, 149 -- Murder - Eye witnesses categorically stated that police personnel had accompanied accused and they were there throughout the incident - However, trial Court fails to get clarification from prosecution regarding said aspect - Injuries of PW2 have not been proved, as admittedly there was no injury report -..........
