Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25(1b)(a), 26 -- Bail - Grant of bail with condition that accused be released after completion of nine months of custody - However, no reason whatsoever furnished by High Court for issuing direction for deferment of bail by a period of nine months - Such direction is unsustainable, thus set aside - Accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compromise - Complainant settled the matter with accused and to that effect they have filed a memorandum of understanding stating that they have amicably settled the matter - Conviction of accused set aside - Accused acquitted...........
Criminal Procedure Code, 1973, Section 407, Negotiable Instruments Act, 1881, Section 138 -- Transfer of case - Dishonour of cheque - Case falling under Negotiable Instruments Act can be transferred in exercise of power u/s 407 Cr.P.C - There cannot be any distinction made between cases falling under Negotiable Instruments Act and other cases...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Incident occurred at 7.30 pm and FIR lodged next day at around 9 am - Police station was around 25 kms away from the place of occurrence - Since deceased died after few hours of incident by that time it was dark night and therefore, not possible for complainant to go to police station which was around 25..........
Indian Penal Code, 1860, Section 325, 34, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 325, 34 IPC - Compromise - Parties entered into a compromise - Offence in question was a compoundable one - Benefit of S.320 Cr.P.C thus, afforded to accused - Conviction and sentence set aside - Accused acquitted...........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Interim order of maintenance passed u/s 23 of Act of 2005 - Revision against such an order is maintainable...........
Indian Penal Code, 1860, Section 323, 354, Criminal Procedure Code, 1973, Section 320 -- Offence u/ss 323, 354 IPC - Compromise between parties - As De-facto complainant has filed an affidavit stating that she has with her own volition compromised the matter with accused and genuineness of said statement has been verified by DSP, therefore, parties are permitted to enter..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - At time of presentation of cheque before bank there was no legally enforcement debt or liability in view of mortgage agreement executed between parties in which cheque was to be presented before bank after thirty months -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 452, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 452, 120B IPC and S.25 Arms Act - Petitioner has been falsely implicated and only allegation against him is that he was keeping vigil outside but there is no evidence of it and this conclusion has also been drawn from..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - There are no fetters on the power u/s 391 Cr.P.C. of the Appellate Court - All powers are conferred on the Court to secure ends of justice - Ultimate object of judicial administration is to secure ends of justice - Court exists for rendering justice to the people...........
