Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Conviction - Concurrent finding - Fine amount deposited - Accused in jail for one month and ten days - Jail sentence suspended during pendency of revision...........
Indian Penal Code, 1860, Section 279, 304A, Criminal Procedure Code, 1973, Section 439 -- Suspension of sentence during pendency of revision - Accused convicted u/ss 279, 304-A IPC - Accused in jail for about 36 days - Fine amount already deposited - Sentence ordered to remain suspended during pendency of revision subject to furnishing a bail bond in the sum of Rs.25,000/-..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 326, 325, 324 -- Suspension of sentence during pendency of revision - Conviction u/s 326, 324 and 323 IPC - Fine amount already deposited and accused in jail for 4 months and 12 days - Sentence suspended during pendency of revision...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 320 -- Compromise by parties during pendency of revision against conviction - Once the parties have arrived at a settlement and have started living peacefully, conviction and sentence in a matrimonial matter should be quashed - Conviction and sentence against husband set aside...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order passed exparte without hearing opposite party - Court cannot review or recall order on ground that it was against natural justice - Aggrieved party can file appeal or revision...........
Criminal Procedure Code, 1973, Section 173, 401, 482 -- Police submitted report u/s 173 - Finding of Magistrate that no offence is made out and discharged the accused - Order of discharge upheld in revision - No ground to interfere - Once opinion framed by Magistrate is upheld in revision then there is no reason to take a different view and set aside the order in exercise..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Summoning order - An order summoning an accused is not an interlocutory order - Bar created by Section 397(2) would not operate...........
Criminal Procedure Code, 1973, Section 320(2, 320(8), Indian Penal Code, 1860, Section 323, 325 -- Compounding of offence - Can be allowed before judgment of conviction - After passing of judgment of conviction, compounding of offence cannot be permitted and Court has to pass order regarding sentence - However, if order of conviction and sentence is challenged in appeal or..........
Criminal Procedure Code, 1973, Section 227 -- Charge - Revision against - Petitioner charged under Sections 304-B and 498-A - Wife of petitioner committed suicide leaving suicide note and letters completely exonerating the petitioners - It is a case of innocence and not of guilt of the petitioners - Even at the stage of charge court has power to sift and weigh the evidence..........
Indian Penal Code, 1860, Section 304B, 498A -- Acquittal - Revision against - At the instance of complainant - In absence of legal infirmity either in the procedure or in the conduct of trial, there is no justification for the High Court to interfere in its revisional jurisdiction - High Court should not reappreciate evidence to reach a finding different from the trial..........
