Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Discharge of accused - Summons case - Complaint under S.138 of N.I. Act filed by private party - Accused raised defence at pre trial stage - Considering the defence Magistrate ordered stoppage of proceedings and issued show cause notice to complainant to pay..........
Prevention of Corruption Act, 1947, Section 5(2) -- Reduction in sentence - Illegal gratification - Conviction and sentence of 4 years - Incident 18 years old - Accused dismissed from service - Sentence reduced from 4 years to 2 years RI but sentence of fine of Rs.500/- to remain intact...........
Prevention of Corruption Act, 1947, Section 5(2), Criminal Procedure Code, 1973, Section 154 -- Illegal gratification - FIR - Delay of five months - Accused working as peon in Court of ADJ - Accused getting Rs.15,000/- from complainant to get a favourable order - Order went against complainant - Complainant kept demanding back the money for 5 months and lodged a complaint..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1947, Section 5(2), 6 -- Public servant - Sanction for prosecution - Illegal gratification - Sanction order indicated that Rs.5,000/- out of Rs.15,000/- had been recovered during investigation although there had been no recovery at all - It will not make the sanction invalid...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand and acceptance proved - Tainted money seized from house of accused - Solution of sodium carbonate turned pink when fingers of both hands of accused were dipped in such solution - Number of currency notes were same which were mentioned in pre-trap proceedings - Clinching evidence led..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 107, 109 -- Wife - Illegal acquired property in the name of wife of public servant - Allowing to keep the ill-gotten wealth or disproportionate assets kept in the name of wife amounts to abetment - Wife cannot be discharged from the accusation of being abettor of the same and..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Prevention of Corruption Act, 1947, Section 5(1)(e) - Conviction - Appeal against - Appellant charged for the offence u/S.5(1)(e) r/w Section 5(2) of PC Act, 1947 for acquiring assets disproportionate to his known source of income while working as public servant and trial conducted under the said Act..........
Prevention of Corruption Act, 1988, Section 13 -- Illegal gratification - Demand and acceptance - Bribe of Rs.8,000/- for transfer to another school - A person other than accused raised demand and asked accused to collect same - No evidence that it was accused who made demand and accepted Rs.8,000/- from complainant as bribe - Version of accused that he was given money by..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Bail - Illegal gratification - Contention that recovered currency notes not sealed, no demand made by accused, number of currency notes recovered not tallying with the currency notes given in the memo prepared before trap - In the facts and circumstances of case,..........
Indian Penal Code, 1860, Section 43 -- Illegal Act - Meaning - An act would be illegal if it is an offence or if it is prohibited by law - It is almost similar to the definition of conspiracy u/s 120A IPC...........
