Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compounding of offences at revisional stage - Settlement between the parties and due amount is paid to complainant - Conviction and order of sentence, quashed and set aside with Cost of Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 341, 323, 324, 506 -- Quashing of FIR - Compromise - Offence u/ss 341, 323, 324, 506 IPC - Compromise arrived at between parties - Offences alleged to have been committed by accused do not involve offences of moral turpitude or any grave/heinous crime, rather same are petty offences - Complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Conviction set aside - Court directed to release amount of Rs.30,000/- which has been deposited by petitioner...........
Indian Penal Code, 1860, Section 302, 34, 324, Explosive Substances Act, 1908, Section 3, 4 -- Murder and Voluntarily causing hurt by dangerous weapons - Accused hatched criminal conspiracy and committed murder of deceased by firing gun shot and blasting bomb - Informant, eye witness, resident of other village but acquainted accused during incident proving his presence by..........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder and conspiracy - Proof - Accused while in jail hatched criminal conspiracy with co-accused and committed murder of deceased by firing gun shot and blasting bomb - Conspiracy by accused not proved, as though wife of deceased deposing about threats given by accused to kill his husband in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Cause of action for filing complaint u/s.138 of the Act arose only after expiry of 15 days from the date of service of legal notice on the accused and in case of absence of proof of service of notice sent under registered cover on speed post at the correct address, the deemed service of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 29, 60(3), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 349.250 kg Ganja - Keeping in view nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused,..........
Indian Penal Code, 1860, Section 506 -- Offence u/s 506 IPC - There is no supporting evidence except vague statement of prosecutrix in her evidence that whenever she shouted when he had attempted to have sexual acts with her, accused threatened her not to say anything to anyone, as otherwise he would kill her - No other statement or evidence relating to the incident or the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused took a specific plea that his cheque book was lost somewhere and cheque leafs were kept signed by him - Therefore, he had lodged an FIR - However, accused did not examine any witnesses to prove the fact that he had in fact lodged an FIR - Accused lied while taking aforesaid plea - In a criminal..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant is holder of cheque in due course - Cheque belongs to accused is undisputed - Further signature on cheque is also not under dispute - Hence, initial presumption u/s 139 of the Act is in favour of complainant and it is a rebuttal presumption - Burden is on accused to rebut..........
