Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Compromise - High Court after being satisfied that cheque amount with assessed cost and interest has been paid, can close proceedings even in absence of complainant...........
Indian Penal Code, 1860, Section 304(Part II), 324, 341, 147, 148, 149 -- Offence u/ss 304(Part II), 324, 341, 147, 148, 149 IPC - Fifteen named accused and some unnamed accused were mentioned in complaint itself - However, no motive alleged in the complaint - No independent witnesses examined apart from injured witnesses to prove prosecution case - Even injured witnesses..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Presence of A-1 and A-2 at the time of incident established and proved beyond doubt - Role attributed to them also proved and established by prosecution by leading cogent evidence - Testimony of eye witnesses fully supports prosecution case - Defence propounded by these accused rightly discarded by Courts below..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Role of A-5, A-6 and A-7 in commission of crime - Prosecution failed to prove beyond doubt that A-5 fired from his firearm, which missed as alleged - No evidence on record in the form of recovery of weapon or even missed bullet - A-5 thus, entitled to be acquitted on ground of benefit of doubt - So far as A-6 and..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Appeal against conviction - A-4 has not preferred any appeal against his conviction - However, since his case is similar to A-5, A-6 and A-7, by taking suo moto cognizance, A-4 is also entitled to acquittal on ground of benefit of doubt - A-4 acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120B, 149 -- Bail - Offence u/ss 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120-B, 149 IPC - As per prosecution, specific overtacts are attributed to each of the accused - Even, it seems that each injured..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 34 -- Bail - Murder case - High Court while granting bail has not applied its mind - Consideration as recorded by High Court are good enough for denial of bail - Trial not yet concluded - Only 3 out of 13 witnesses examined - Bail application rejected - However, it will..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 143, 147, 148, 427, 149, Prevention Of Damage to Public Property Act, 1984, Section 3(2) -- Bail - Violence in the campus - Damage to public and private properties - Total loss tentatively calculated by I.O. as Rs.2,55,000/- - Five persons arrayed as accused - Applicants in custody since 6.10.2018..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Accused deposited compounding charges i.e 15% of total amount - No useful purpose would be served by keeping proceedings alive - Permission to compound offence granted - Conviction and sentence of accused set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties resolved their dispute amicably and petitioner paid the agreed amount - Respondent has no objection if petitioner is acquitted - Impugned order of conviction, set aside - However, petitioner shall deposit 15% of cheque amount before District Legal Services Authority..........
