Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise in between parties - Offence u/s 138 of the Act is compoundable, hence, conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 363, 376A, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder - Modification of sentence - Death sentence converted by High Court into life imprisonment till natural life of accused - However, without disturbing findings recorded by Courts below to conviction of accused, life..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Settlement - Where marital discord between parties is settled and they are living together while leading a happy conjugal life, conviction u/s 498-A IPC not sustainable...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled amicably - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant had no objection in compounding the offence - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Offence u/s 138 of the Act can be compounded as complainant agreed that on account of precarious financial condition of accused, he is ready to accept the amount of Rs.25000/-, which he has already received - Offence compounded - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Grant of bail subject to condition to deposit 50% of fine amount - Failure to comply with the order - Appeal cannot be dismissed on this ground - Appellate Court can cancel bail - Impugned order, dismissing appeal, set aside...........
Indian Penal Code, 1860, Section 392, 397 -- Offence u/ss 392, 397 IPC - All three accused had taken part in committing robbery, but only co-accused had used firearm - Said firearm was seized from possession of co-accused from his disclosure in the presence of witnesses - Offence against co-accused is proved - There was neither any allegation apart from a stray sentence..........
Criminal Procedure Code, 1973, Section 439 -- Bail - There cannot be elaborate details recorded to give an impression that case is one that would result in conviction or by contrast in an acquittal while passing an order on an application for grant of bail...........
Indian Penal Code, 1860, Section 498A -- Cruelty to women - Cruelty and demand of dowry not reported to police prior to death - Family members of married woman always make attempt to settle matter amicably to save marital life of their daughter or sister - Close relatives of deceased and some responsible member of society tried for reconciliation and deceased again went to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Issuance of cheque and signature of accused in cheques are not in dispute - Cheques came to be issued on account of cancellation of sale agreement and therefore, initial burden is discharged by complainant by placing necessary oral and documentary evidence on record - Trend to cross..........
