Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Complainant placed on record compromise deed wherein, it is admitted that matter is finally settled and complainant has no objection if offence is compounded and accused is acquitted - Judgment of conviction and sentence set aside and accused..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Settlement in Lok Adalat - Award passed - Substantial portion of award complied with - In backtrack of the settlement a party cannot proceed with prosecution - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 156(3) -- Order directing police to investigate the case - Revision - Maintainability - Petitioners being a prospective accused, has no right to challenge the said order by way of revision - Revision, held, not maintainable...........
Criminal Procedure Code, 1973, Section 311, 397(2) -- Order passed u/s 311 Cr.P.C. - It is an interlocutory order - Revision against such interlocutory order is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Accused convicted and sentenced to undergo simple imprisonment for 6 months along with fine of Rs.500/- and in default to further undergo imprisonment for 30 days - Matter compromised between parties - Sentence of accused reduced to period already..........
Criminal Procedure Code, 1973, Section 428 -- Set off - Benefit may or may not be given in the judgment but accused is entitled to set off the period undergone in detention in connection with investigation, inquiry and trial of that particular case...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 504, 506 -- Bail - Offence u/ss 307, 504, 506 IPC - Statement of victim categorically implicates that accused is the author of firearm wound received by him, which is on the most vital part of the body abdomen - Medical evidence supported version of victim - It is immaterial that a person who..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156 Cr.P.C. - Said application in fact a criminal complaint though mentioned as application - If Magistrate decides not to forward the same to police for registration of a case, then he is required to follow the procedure for trial of cases instituted otherwise than on police report - In that eventuality,..........
Criminal Procedure Code, 1973, Section 133 -- Compliant u/s 133 Cr.P.C. - Dismissal in default - SDM is competent to recall its order to decide the matter on merits...........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Provision of S.156(3) Cr.P.C. is discretionary and not mandatory as application has to be supported by an Affidavit - It is because once an affidavit is found to be false, deponent will be liable for prosecution in accordance with law - This will deter from casually invoking the authority of..........
