Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - One portion of cheque containing signature of drawer produced with complaint - Partial destruction of instrument narrated as snatching by accused and destroying a portion of the cheque - Plea of accused that he cannot be prosecuted on the basis of a mutilated cheque that does not even contain the number..........
Criminal Procedure Code, 1973, Section 389 -- Appeal against conviction - Grant of bail - Causing fatal fire arm injuries not attributed to appellant - Held, appellant entitled to concession of bail - Bail granted...........
Evidence Act, 1872, Section 3 -- Sole testimony of injured witness - Conviction - Duty of Court - Held, although there is no bar that testimony of sole injured witness (if assessed credible) coupled with proof of injury can be a ground for conviction but again appreciating the evidence as a whole, if indicating towards doubt in holding accused persons guilty, then it would..........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Proof of - Appellant, a financier, alleged to have hatched conspiracy with three others to seize auto rickshaw from possession of hirer on account of default in payment of installments - Driver of auto rickshaw was murdered by other accused persons while taking possession of auto rickshaw - At the time of..........
Criminal Procedure Code, 1973, Section 482, 320 -- Compromise in an offence not compoundable - High Court in exercise of its inherent powers u/s 482 Cr.P.C. can quash proceedings in which parties compromise but offence not compoundable, when in its opinion there are no chances of recording conviction against the accused and the entire exercise of trial is destined to be an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Impugned cheque signed by applicant - Cheque was returned dishonoured on the ground of non sufficiency of funds - Demand notice issued by respondent neither replied by nor the amount of such cheque was paid by him - In defence-statement applicant-accused stated that cheque was never handed-over..........
Indian Penal Code, 1860, Section 193 -- Perjury - Statement made u/s 164 Cr.P.C. - Resile therefrom - Held, in a trial for offence u/s 193 IPC, mere finding that person concerned resiled from earlier statement made u/s 164, Cr.P.C. cannot be sufficient to base conviction u/s 193 IPC - To hold a person guilty u/s 193, IPC, it must be determined as to whether earlier..........
Indian Penal Code, 1860, Section 302 -- Murder - It is not necessary that dead body of the victim should be found and identified - Conviction for offence of murder does not necessarily depend upon corpus delicti being found - The corpus delicti in a murder case has two components - death as result, and criminal agency of another as the means - Where there is a direct proof..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Compensation was awarded to the tune of Rs.1,65.000/- while cheque amount was Rs.1,14,500/-, i.e.,Rs.50,000/- was added to for the reason, however, not mentioned at all - Held, petitioner should be given an opportunity of being heard only on the point of amount of compensation...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Watchman found burnt dead - Conviction - Appeal - PWs.3 and 4, auto driver by profession claimed to pass through the place of occurrence at the time of incident i.e. 3 A.M. - They remained silent for 35 days despite having come to know from newspaper next day that deceased watchman had died - No explanation has been..........
