Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2.20 lakhs - Accused convicted and sentenced to one year SI and to pay fine of Rs.5, 000/- - Accused also directed to pay compensation of Rs.2.20 lakhs - Held, when sentence of fine is part of imprisonment then Court should not direct payment of compensation - Sentence of fine deleted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2), 357(3) -- Dishonour of cheque - Fine can be extended to twice the amount of cheque - However, in view of limitation prescribed u/s 29(2) Cr.P.C. trial Court should not award sentence of fine of more than Rs.5, 000/- - In such a situation Magistrate can alleviate the grievance of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - At revisional stage - Draft towards full and final payment brought to Court - 15% of the cheque amount deposited with the State Legal Service Authority - Offence u/s 138 of the Act is compoundable u/s 147 of the Act - Compounding of offence allowed - Sentence set aside -..........
Criminal Procedure Code, 1973, Section 433A -- Remission/Commutation of sentence - Petitioner who was working as constable committed murder of his senior officer while on duty - Petitioner sentenced to undergo life imprisonment - Petitioner sought remission in sentence alleging that he had served more than 14 years sentence - Rule 319 (a) of Rule 1979 provided that convict..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Res judicata - Dismissal - The earlier order passed by Division Bench of the Court, while remitting the case back to the respondents observed that the petitioner was clearly guilty of misconduct and had been rightly punished - The Division Bench had not upheld the punishment awarded and had remitted the case..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Gravity and seriousness of offence and the manner in which incident took place are the relevant factors for deciding issue of suspension of sentence - Appellant accused convicted and sentenced for causing death by strangulation u/s 304-B IPC - Held, gravity of the offence do..........
Criminal Procedure Code, 1973, Section 432(1), Indian Penal Code, 1860, Section 57 -- Remission of sentence of life imprisonment - Accused attempted to commit murder of under trial prisoner in court premises - Victim and three police officials received bullet injuries - Incident meant to undermine very authority of State Govt. to cause terroring effect on those who..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366 -- Two kids roasted to death - Trial court awarded death sentence - High Court converted death sentence to life imprisonment and further ordering that accused should not be released before serving 20 years of imprisonment - Appeal in Supreme Court came up for hearing when accused already..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 354 -- Murder - Death sentence - Entire family of three persons consisting of mother and two children wiped out in a brutal manner to grab property - Crime committed and executed after closing the doors - 37 knife injuries inflicted on three innocent persons and that too on vital parts - Held, it..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Sentence of imprisonment only - Revision against inadequacy of sentence - Revisional Court when finds that sentence is insufficient and the sentence awarded is illegal, then it can award compensation even if there is no alteration of the substantive..........
