Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324 -- Compounding of offence - Offence u/s 324 IPC - Non-compoundable by virtue of Amendment Act of 2005 - Amendment not applicable to offence committed in 1998 - Accused acquitted in view of S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 30 -- Dishonour of six cheques - Default sentence - Accused directed to pay a fine of Rs.1 lakh in each compliant as compensation to complainant bank and in default of which further to undergo S.I of 1 month for each complaint cases by Trial Court - It shows nothing biased/adverse qua..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Wife working as Anganwadi worker - Actual earning of wife is paltry and she would require full maintenance in order to enjoy reasonable comforts as well as bring up her child - Order granting maintenance of Rs.1500/- to wife and Rs.500/- to the minor son, restored...........
Criminal Procedure Code, 1973, Section 209 -- Committal of case - Magistrate playing a passive role u/s 209 Cr.P.C., in committing case to Court of Session - Nor can there be any question of part cognizance being taken by Magistrate and part cognizance being taken by Session Judge - Since Court of Session is acting as Court of original jurisdiction u/s 193 Cr.P.C., after..........
Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance of offence - Can only be taken once - In the event, Magistrate takes cognizance of offence and then commits the case to Court of Session, question of taking fresh cognizance of offence and thereafter proceeding to issue summons, is not in accordance with law...........
Criminal Procedure Code, 1973, Section 193, Indian Penal Code, 1860, Section 341, 323, 325, 307, 452, 149, 147 -- Cognizance of offence - Offence u/ss 341, 323, 325, 307, 452, 149, 147 IPC - Sessions Judge not heard petitioners before summoning accused, which is prejudicial to them - Petitioners deprived of valuable right accrued in their favour as contemplated u/s 401..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the initial stage of framing of charge, Court is concerned not with proof but with the strong suspicion whether accused has committed an offence, which if put to trial, could prove him guilty...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 342, 323, 120B -- Bail - Offence u/s 363, 366, 342, 323, 120-B IPC - Petitioner participated in the process of investigation - Co-accused already released on bail - Status report on record reveals that no recovery etc., is to be effected from petitioner - Bail granted to petitioner with..........
Criminal Procedure Code, 1973, Section 321, Indian Penal Code, 1860, Section 420, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Withdrawal from prosecution - Cheating - Forgery - Tampering of mark sheet - Alleged forged mark sheet not recovered by prosecution - Even respondent no.2 in whose favour alleged mark sheet is forged had not taken any..........
