Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Compounding of offence - Dishonour of cheque amounting to Rs.60,000/- - Compromise had taken place between parties outside court - In pursuance to that complainant/no, applicant received an amount of Rs.80,000/- in cash from accused/applicant - Held, application for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Repayment of loan - Complainant proved due receipt of cheque - Followed procedure laid down in S.138 of the Act - Bank Manager spoke that cheque was drawn on account of accused and the same was returned for the reason "insufficient funds" - Held, given the facts of the case, no reason to interfere with..........
Criminal Procedure Code, 1973, Section 394 -- Abatement of Appeal - If appeal is preferred against order of conviction of trial Court and sentence is either composite sentence of imprisonment and fine or is merely sentence of fine, appeal would not abate on the death of appellant...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Reduction in sentence - Loss of job due to conviction - Not a mitigating circumstance for reduction of sentence particularly when Statute prescribes minimum sentence...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Reduction in sentence - Principles governing : (a) When the Court issues notice confining to particular aspect/sentence, arguments will be heard only to that extent unless some extraordinary circumstance/material is shown to the Court for arguing the matter on all aspects; (b) Long delay in disposal of appeal or any..........
Indian Penal Code, 1860, Section 302,304 -- Part I, 307, 324, 34 Some of the accused acquitted as evidence against them did not merit conviction - Not certain who inflicted single fatal injury - For that benefit cannot go to all when accused `Z' is found responsible to cause two sharp injuries to `H' and `K' - All accused had come with knives as such common intention..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Conviction of nine and acquittal of six persons by trial Court - High Court acquitted four out of six - Omission to send copy of FIR to Magistrate - Material contradictions/improvements in the statement of prosecution witnesses - Serious doubt about recovery of weapons of offence - No report of chemical examiner that..........
Related witnesses -- Evidence of related witness can be relied upon provided it is trustworthy - Mere relationship does not disqualify a witness - Witnesses who are related to the victim are as competent to depose the facts as any other witness - Such evidence is required to be carefully scrutinised and appreciated before reaching to a conclusion on the conviction of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Respondent/complainant alleged that petitioner/accused borrowed amount and cheque issued towards re-payment was dishonoured - Petitioner denied any connection with respondent - Signature of petitioner thereupon is in one ink while all other writings thereupon are in another -..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Accused taking prosecutrix to hotel on false pretext and shutting door of room without any chance to resist - Committed rape - Element of free consent totally lacking as prosecutrix was found weeping by PW17 and had injury on right thigh and bleeding from private parts - Prosecutrix above 16 years of age - Minor..........
