Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - (i) Appellate Court can order appellant to deposit a portion of fine or compensation or to waive such deposit and to furnish reasons for its decision; (ii) Such deposit cannot be less than an amount equivalent to 20% of the fine or compensation;..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Modification of sentence - Sentence imposed is 10 years R.I. - Term of sentence imposed for the offence u/ss 489-B, 120-B IPC are exorbitant - Sentence modified to R.I for 7 years u/ss 489-B, 120-B IPC - Sentence u/s 489-C IPC and default sentences and fine are same - Terms of substantive sentence..........
Indian Penal Code, 1860, Section 397, 395 -- Offence u/ss 397, 395 IPC - Identification of accused - PW1 identified the accused by seeing them at police station - No identification parade was conducted - Identification of accused for the first time in Court thus, cannot be said to be free from doubt - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Nothing on record to show any prior animosity between accused and deceased, nor does the entire incident proves any kind of pre-planning on the part of accused - There was no motive/intention on the part of accused - Act of accused does not meet out essential ingredients of S.302 IPC - Conviction of..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7 -- Offence of misbranding - Quantum of sentence - Accused is about 60 years of age now and crime itself is of the year 2000 - 24 years have elapsed since commission of crime - Sentence of A-2 converted from 3 months S.I. alongwith fine of Rs.1000 to a fine of Rs.50,000/- - However, sentence awarded to A-1..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Sentence - Incident occurred in 2008 and 16 years have already lapsed - Sentence reduced to 3 months from 6 months for offence u/s 304-A IPC...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by poisoning - Post-mortem examination report indicated multiple injection marks over the front of both the elbows of deceased - However, quantity of the poison in the viscera of blood of deceased was not mentioned in the FSL report - Doctors who had treated the deceased in the first nursing home and later..........
Indian Penal Code, 1860, Section 342 -- Offence u/s 342 IPC - Sentence - Accused has remained in jail during trial for about 20 days and after conviction till the jail sentence was suspended he remained in jail for a period of about three months and 20 days - Incident took place in 1997 and accused was on bail during trial and also during appeal - No purpose would be..........
Indian Penal Code, 1860, Section 489B -- Fake currency notes - Seized currency was recovered from possession of accused - However, prosecution has failed to bring on record any materials to show that accused knew or having reasons to believe the currency notes seized from him are forged or counterfeit - Even, accused entered into altercation with PW3 regarding question of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contraband - Reduction of sentence - Incident occurred in 2002 i.e more than 20 years ago - Accused are facing agony of protracted trial for about 17 years - They did not misuse concession of bail granted to them - Accused are not involved in any other case - Sentence reduced to period already undergone by..........
