Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 2 cases - Concurrent running of sentences - Accused convicted in two cases for offence u/s 138 of the Act - Sentences passed in two cases ordered to run concurrently...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Suspension of sentence during pendency of appeal - Contraband - Prosecution admitted that neither accused was found present at the crime scene nor any incriminating material or contraband was recovered from his possession - He has been made accused on the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have amicably settled and resolved all their disputes - There is no legal impediment in compounding of offence - Conviction and sentence set aside subject to condition that accused shall deposit 10% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount within a period of 30 days - Appellate Court is under mandate to allow a period of 60 days for depositing amount as required u/s 148(1) of the Act - Impugned order set aside to the extent that accused was afforded only a period..........
Stridhan property -- Return of Stridhan property given by father to deceased daughter at the time of her marriage - Murder of wife by husband - Conviction of husband u/s 302 IPC - It is S.6(3) Dowry Prohibition Act which applies - Husband is not entitled to retain dowry even if he was acquitted and dowry articles will remain with father of deceased - Order to release..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant has no objection in compounding the offence - Matter is thus, ordered to be compounded - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Two dying declarations - Appellant not named in the first dying declaration - Second dying declaration alone elaborates acts of cruelty - Secondly dying declaration rejected completely by High Court - As far as recovery of articles and smell of kerosene is considered they are circumstances..........
Criminal Procedure Code, 1973, Section 213, 313 -- Charge - Misleading charge framed - There is every possibility of accused getting misled due to framing of incorrect charge - Most material circumstances brought on record not put to accused in his statement u/s 313 Cr.P.C. - Prejudice has occasioned failure of justice - Since, incident occurred 22 years ago, it is not..........
