Prevention of Corruption Act, 1988, Section 13(1)(c), 13(2), Indian Penal Code, 1860, Section 409 -- Offence u/ss 13(1)(c), 13(2) of P.C. Act and S.409 IPC - Entrustment of amount with accused has been proved - Explanation offered by accused is that he entrusted the amount with temporary peon who deposited it in treasury - However, PW1 and PW2 specifically deposed that..........
Indian Penal Code, 1860, Section 465, 468, 471, 477A -- Offence u/ss 465, 468, 471, 477-A IPC - Accused has used challan which is a forged document as genuine, also falsified the accounts and signature and misappropriated an amount of Rs.74,789/- - Offence u/ss 465, 468, 471, 477-A IPC is thus, attracted - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question neither signed by accused nor drawn on a bank account maintained by him - Cheque is signed by father of accused - There is no liability of accused - Order of trial Court acquitting accused confirmed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation within validity period of cheque is permissible - However, once demand notice is issued, thereafter no presentation is permitted...........
Indian Penal Code, 1860, Section 494, 109 -- Bigamy - Prosecution failed to prove the second marriage of accused by producing reliable evidence on record - Three out of five PWs have admitted that they were not present in the alleged second marriage - PW5 stated that he was giving the statement as instructed by complainant - More so, despite having knowledge about alleged..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - It is only where accused "pleads not guilty" of accusation made in complaint that interim compensation u/s 143-A(1) of the Act can be granted...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted at the stage when accused answered the summons and not after plea of accused was entered - Interim compensation can be granted only where accused "pleads not guilty" - Impugned order set aside - It is open to accused to seek appropriate relief, including u/s 143-A of..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Can be claimed at "any stage"...........
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..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - No specific overt act attributed to A-2 and A-3 or their joining in attack by A-1 on deceased - Injuries were caused by a Bhujali which was seized from A-1 - Medical evidence does not corroborates eye witness testimonies of PW1 to 4 - Nothing on recorded to show that A-2 and A-3 threw chilly powder and hot oil on..........
