CiteTEXT
...Code of Criminal Procedure 1973, every offence punishable under this section shall be compoundable. According to Section 320(6), High Court while in exercise of its powers of revision may allow any person to compound any of...in C.C No. 346 of 1999 Chief Judicial Magistrate Court, Pathanamthitta which was filed under Section 138 of Negotiable Instruments Act (hereinafter referred to as the ‘N.I Act’). Learned Magistrate...convicted the accused and sentenced him to rigorous imprisonment for one year under Section 138 of N.I Act and to pay fine of Rs. 25,000/- and in default, simple imprisonment for two months. Against that...
...proceeding under Section 320(8), Cr. P.CIn view of the compromise between the parties, the accused persons are hereby discharged from bail bonds, if any.Office is directed to...Tarun Kumar Gupta, J.:— In Re: Application under Section 482 of the Criminal Procedure Code.Mr. Arindam Sen learned counsel for O.P/complainant...forward a copy of this order to the court below for information and to keep it on record.Criminal Section is directed to supply urgent Photostat certified copies of this order to the parties, if applied for, upon compliance of...
...amicable settlement and so the appellant should be acquitted under Section 320 (8), Cr. P. C. In reply thereto, the learned A. G. A. submitted that since the offence under...Section 307, I. P. C. is not compoundable even with the permission of the Court, the appellant cannot be acquitted in view of the previsions of Section 320 (8), .... is not compoundable even with the permission of the Court and so the prayer made on behalf of the appellant that the appellant may be acquitted under Section 320 (8), Cr. P. C...
...Section 320(8) Cr. P.C3. In the result, the conviction and sentence passed by the trial court under Section 138 of N.I Act are set aside. Accused is acquitted and set at liberty. In...compoundable. According to Section 320(6), a High Court or Court of Sessions while exercise of its powers of revision under Section 401 may allow any person to compound any offence which such person is...simple imprisonment for two months u/s.357(3) Cr. P.C Being aggrieved by that, accused preferred this revision petition.2. When the matter came up for hearing, the learned counsel for the...
...competent to compound under this section. When the composition of offence under the Secticompounded, accused is entitled to an acquittal under Section 320(8) Cr. P.C3. In the result, the...compoundable. According to Section 320(6), a High Court or Court of Sessions while exercise of its powers of revision under Section 401 may allow any person to compound any offence which such person is...learned Magistrate convicted the accused and sentenced to simple imprisonment for three days u/s.138 of the N.I Act and fine of 35,000/- u/s.357(3) Cr. P.C, in default simple imprisonment for two months...
...compounded under Section 320(8) Cr. P.C3. In the result, the conviction and sentence passed by the trial court under Section 138 of N.I Act is set aside. Accused is acquitted and set at...shall be compoundable. According to Section 320(6), a High Court or Court of Sessions while exercise of its powers of revision under Section 401 may allow any person to compound any offence which such.../2016, in which both parties have signed. According to Section 147 of the N.I Act, notwithstanding anything contained in the Code of Criminal Procedure 1973, every offence punishable under the NI Act...
...have the effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) Cr. P.C3. In view of the compromise, the conviction and sentence passed by...the Code of Criminal Procedure 1973, every offence punishable under the N.I Act shall be compoundable. According to Section 320(6), a High Court or Court of Sessions in exercise of its powers of...convicted the accused u/s. 138 of the N.I Act and sentenced to simple imprisonment for one year and directed to pay compensation of 75,700/- u/s. 357(3) Cr. P.C, in default simple...
...made, it shall have the effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) Cr. P.C3. In view of the compromise, the conviction and...contained in the Code of Criminal Procedure 1973, every offenoce punishable under the NI Act shall be compoundable. According to Section 320(6), a High Court or Court of Sessions while exercise of its...Act (hereinafter referred to as the N.I Act). The learned Magistrate convicted the accused and sentenced to simple imprisonment for three months and compensation of 80,000/- u/s. 357(3) Cr. P.C...
...effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) Cr. P.C3. In view of the compromise, the conviction and sentence passed by the...of Criminal Procedure 1973, every offence punishable under the NI Act shall be compoundable. According to Section 320(6), a High Court or Court of Sessions while exercise of its powers of revision.... 439/2017. When parties are settling the matter, this Court has no objection in allowing the compromise petition. According to Section 147 of the N.I Act, notwithstanding anything contained in the Code...
...composition of offence under the Section is made, it shall have the effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) Cr. P.C3. In view of...of the N.I Act, notwithstanding anything contained in the Code of Criminal Procedure 1973, every offence punishable under the NI Act shall be compoundable. According to Section 320(6), a High Court or...the trial Court as per the order of this Court in Crl. M.A No. 1300/2014. When parties are settling the matter, this Court has no objection in allowing the compromise petition. According to Section 147...
...accused may be acquitted. Section 320(8) Cr. P.C clearly lays down that the composition of any offence under the section shall have the effect of an acquittal of the accused...provisions of Section 320(8) Cr. P.C the trial for the offence u/s. 330 I.P.C would not be hempered. In Bandu Padhan's case (supra) the factum of compromise itself was in...was compoudable without the permission of the court, the accused must be deemed to have been acquitted u/s. 320(8) Cr. P.C and the learned Magistrate was not justified in refusing to verify the...
...appellants are acquitted of the charges under Section 324 and 324/34, I.P.C. as provided by Section 320(8), Cr. P.C. This will be 'acquittal' for all...fine of Rs. 1,000/- each.
2. The appellants and complainant-Mukesh Sharma submitted an application under Section 320(5), Cr. P.C. for permission to compound...1. Appellants-Gopal Tiwari and Ramesh Tiwari have been convicted under Section 307, I.P.C. and sentenced to rigorous imprisonment for five years and to pay a...
...under the Section is made, it shall have the effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) Cr. P.C4. In view of the compromise, the..., notwithstanding anything contained in the Code of Criminal Procedure 1973, every offence punishable under the NI Act shall be compoundable. According to Section 320(6), a High Court or Court of Sessions...first respondent admitted that he received the amount. When parties are settling the matter, this Court has no objection in allowing the compromise petition. According to Section 147 of the N.I Act...
....Accordingly, the petitioners/accused persons are hereby acquitted under Section 320(8) Cr. P.C and are discharged from their respective bail bonds...original application under Section 482 Cr. P.C for quashing the criminal proceeding being G.R Case No. 2043 of 2009 arising out of Posta Police Station Case No. 200 dated....Accordingly, the main application and the application being CRAN No. 181 of 2014 are disposed of.Criminal Section is directed to supply urgent Photostat certified copies of this order to the parties, if appli...
...accused took time for cross-examining the said witnesses. Thereafter, on 24-11-1995, the defacto-complainant Marri Nagalakshmi filed Cr. M.P No. 198 of 1995 under Section 320(2) Cr. P.C s...Section 320(2) Cr. P.C in view of the fact that Section 354 I.P.C has been amended by our State fixing the minimum punishment of five years which may extend to ...voluntary in nature and as such, permission cannot be granted under Section 320(2) Cr. P.C Challenging the said order, the 2nd accused has come up with this revision...
...as well as the learned counsel for the accused respondent and also gone through the record of the case. Section 320 Cr. P.C and sub-sections (8) and (9) are read as under...comes under the provisions of Section 320(8) Cr. P.CSo far as offence under Section 336 is concerned, which is not compoundable under...the accused respondents on the basis of compromise because Section 320 Cr. P.C does not permit for compromise in the alleged offence under Section 336 IPC. Therefore, the...
...prosecute the case. It was also prayed in the application that the accused may be acquitted. Section 320(8) Cr. P.C clearly lays down that the composition of any ofience under...stood acquitted of those offences by virtue of the provisions of Section 320(8) Cr. P.C the trial for the offence u/s 330 I.P.C would not be hampered. In Bhandu Pabhan's case...compoundable without the permission of the court, the accused must be deemed to have been acquitted u/s 320(8) Cr. P.C and the learned Magistrate was justified in refusing to verfiy the compromise and...
...: (1) The allegation which formed the basis of the charge against the petitioner in the case which ended in acquittal under Section 320(8) Cr. P.C was neither grave nor...the offences and the accused were acquitted under Section 320(8) of Cr. P.C20. In Mansarudeen v. K.S.E.B (1994 (1) KLT 603) a Division Bench...offence under Section 320(8) of Cr. P.C cannot be considered as an order having the effect of an acquittal of the accused. The above submission has to be appreciated in the...
..., it shall have the effect of an acquittal of the accused with whom the offence has been compounded under Section 320(8) Cr. P.C4. In view of the compromise, the conviction and sentence...contained in the Code of Criminal Procedure 1973, every offence punishable under the NI Act shall be compoundable. According to Section 320(6), a High Court or Court of Sessions while exercise of its...(3) Cr. P.C, in default simple imprisonment for one month and further directed to pay 1000/- each in all cases as costs to the complainant u/s. 359 Cr. P.C, failing which simple imprisonment for ten...
.... But, the Counsel for respondents submits that, compounding of offence would not amount to conviction and he relies on Section 320 of Code of Criminal Procedure. Section 320 of Cr. P.C...Section 320 Cr. P.C lays down:(8) The composition of an offence under this section shall have...held that compounding under Section 320 Cr. PC would mean acquittal of the accused in terms of Section 320(8) Cr. P.C So, this ground also fails because the res...