Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have amicably settled and resolved all their disputes - There is no legal impediment in compounding of offence - Conviction and sentence set aside subject to condition that accused shall deposit 10% of cheque amount...........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Non-examination of victim deprives right of cross-examination of accused, which is fatal to prosecution...........
Indian Penal Code, 1860, Section 307, 147, 148, 149 -- Attempt to murder - Accused was not apprehended from the spot - Weapons of offence recovered from an unidentified location - Prosecution failed to prove that accused had intention or knowledge relating to commission of murder or towards it - Offence u/s 307 IPC not made out against accused - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant has no objection in compounding the offence - Matter is thus, ordered to be compounded - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - High Court is not precluded from compounding the offence in the absence of consent of complainant where complainant is duly compensated as S.138 of NI Act does not provide that it is mandatory for Court to sentence accused for imprisonment in all eventualities but there is..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused is 52% handicapped and has deposited in Court 10% over and above amount of compensation - Complainant is compensated adequately - Substantive sentence of imprisonment imposed upon accused is not necessary - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter has been amicably settled between parties - Offence in question ordered to be compounded subject to payment of 10% of cheque amount as compounding fee by accused...........
Indian Penal Code, 1860, Section 143, 147, 148, Prevention Of Damage to Public Property Act, 1984, Section 3(2)(e) -- Protest against police atrocity - Conspiracy and rioting - Conviction - TIPs belong to the stage of investigation by the police - It is a rule of prudence which is required to be followed in cases where the accused is not known to the witness or the..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B -- Murder - Circumstantial evidence - Failure of accused in a case based on circumstantial evidence which included last seen together theory to explain u/s 313 Cr.P.C as to under what circumstances victim suffered death, would not be a ground to arrive at an irresistible conclusion that accused were involved in..........
