Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the stage of framing charges only prima facie case is to be seen and recording of detailed reason is not necessary...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - Charges against accused can be framed even if there is a strong suspicion, which leads Court to believe that there is a ground for presuming that accused has committed the offence...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charges - At the time of framing of charges, trial Court is not supposed to consider or weigh evidence with a view to evaluate whether there is sufficient ground for conviction of accused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Mere irregularity and administrative lapses in official decision making particularly in day to day functioning of municipal bodies does not ipso facto attract rigors of criminal law - Offences in question are grave and require clear..........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Old age of accused and long lapse of time from the commission of offence can always be a ground available to give some priority to appeals against conviction of accused on bail...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Where accused are on bail and especially where a life sentence has been imposed are heard after a decade or more from its filing and if appeal is dismissed, it is desirable that such appeals should be given priority...........
Criminal Procedure Code, 1973, Section 441 -- Bail bonds - Bail/surety bonds are executed to ensure the presence of accused whenever required by Court and not as a guarantee for the fine amount or amount sought to be realised...........
