Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 148, 452, 325 -- Suspension of sentence during pendency of appeal - Accused convicted and sentenced for R.I. for 1 year and to pay fine of Rs.1000/- and in default of payment to further undergo R.I. for 1 month - Retirement of accused is due on 31.03.2017 - Accused is only bread earner in family..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Modification of sentence - Accused has no criminal antecedents and has been acquitted of charge u/s 489-B IPC - Maximum sentence imposed on accused under the alleged offence - Thus, sentence of accused is modified and he is directed to suffer R.I for 5 years with fine of Rs.5000/-, in default to suffer..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Non-payment - Imprisonment in default of payment - Award of one months imprisonment for default in payment of maintenance for 16 months - Court has no jurisdiction to enhance the sentence from one month to 11 months in the same proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed for default - Magistrate has no power to restore complaint, as there is no specific provision in Cr.P.C. for restoration of complaint - Impugned order of restoration of complaint set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Reduction of sentence - Accused already undergone about 8 months of incarceration for possession of 500 gms of charas - As per sentence awarded to accused, he would have completed 10 years in the year 2005 if he remained confined in jail for the said period - Sentence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Reduction of sentence - Accused already undergone about 8 months of incarceration for possession of 500 gms of charas - He was arrested in 1995 and he would have completed 10 years in 2005 if he remained confined in jail for the said period - Keeping in view the beneficial..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5 -- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
