Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account freezed by police - Cheques totalling 80 lakhs issued - Concerned bank account had maximum deposit of 18 lakhs - Incapacity in operating the bank account will not aid accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sufficient funds - Available in other bank accounts of the company - Accused cannot rely upon other bank accounts for the dishonoured cheque which relates to specific bank account of accused...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Indian Penal Code, 1860, Section 376, 493 -- Rape - Victim stated that relationship between her and accused was consensual - She was above 16 years of age at the time of occurrence - Offence u/s 376 IPC not attracted against accused - Conviction and sentence set aside...........
Civil Procedure Code, 1908, Section 96(2), 114, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has three remedies available to him as against ex-parte decree: (i) by way of filing an application U.O.9.R.13 CPC seeking for setting aside ex-parte decree; (ii) by way of filing an appeal against the ex-parte decree u/s 96(2) CPC and; (iii) by way of review..........
Indian Penal Code, 1860, Section 34 -- Common intention - Common intention does not mean that co-accused persons should have engaged in any discussion or agreement so as to prepare a plan or hatch a conspiracy for committing the offence - It can be formed a minute before the actual happening of incidence or even during the occurrence of incidence...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction with the aid of S.34 IPC - All accused had come armed, assaulted complainant together and thereafter left the place of occurrence together - Accused not only had common intention to kill the deceased but also actively participated in assaulting and giving blows to deceased together with other accused persons -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Act of instigating the deceased to commit suicide must be in close proximity to the act of committing suicide...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Incident alleged happened more than two weeks before the date of suicide - There is no allegation that any act was done in the close proximity to the date of incident - By no stretch of imagination, alleged acts can amount to instigation to commit suicide...........
