Search Results for "section 389 CrPC"

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Search Results for "section 389 CrPC"

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High Court

Bombay High Court Upholds Constitutionality of Section 376(b) and (c) CrPC in Appeal Against Conviction Under Negotiable Instruments Act. Court holds that bar on appeal against sentence of imprisonment till rising of court and compensation order does not violate Article 14 or Article 21 of the Constitution.

5 Nov 2012

The petitioners were convicted by the Metropolitan Magistrate for an offence under Section 138 read with Section 141 of the Negotiable Instruments Act...

Supreme Court

Supreme Court Allows Suspension of Sentence in Bank Fraud Case Due to Erroneous Aggregation of Concurrent Sentences. High Court's Rejection of Bail Under Section 389 CrPC Set Aside as It Overlooked Trial Court's Direction That All Sentences Run Concurrently, Reducing Maximum Imprisonment to 7 Years.

16 Apr 2019

The appellant, N. Ramamurthy, was convicted by the Special Judge for CBI cases in Bengaluru for offences under Section 120-B read with Sections 409, 4...

Supreme Court

Supreme Court Examines Whether Magistrate Properly Exercised Discretion Under Section 202 CrPC Instead of Ordering Investigation Under Section 156(3) CrPC. Appeal Challenges High Court's Refusal to Interfere with Magistrate's Order in Forgery and Cheating Case.

1 Jan 1970

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High Court

Bombay High Court Allows Application Challenging Condition of Deposit in Suspension of Sentence in NI Act Case — Appellate Court Cannot Impose Deposit Condition Under Section 357(2) CrPC for Suspension of Sentence

26 Oct 2005

The applicant, Maheshwar Dattatraya Kale, was convicted by the Judicial Magistrate First Class, Pune, under Section 138 of the Negotiable Instruments ...

High Court

High Court of Karnataka Allows Petitions Challenging Rejection of Section 319 CrPC Summons in Attempt to Murder Case — Trial Court Directed to Summon Dropped Accused. Evidence of Witnesses Indicated Accused's Participation Despite Police Dropping Him from Charge Sheet, Requiring Summons for Joint Trial Under Sections 307, 324, 504, 506 IPC.

19 Jul 2024

The case involved criminal petitions filed by the State of Karnataka and the complainant challenging an order of the trial court which had rejected an...

Supreme Court

Supreme Court Quashes High Court's Stay on Discharge Order — Upholds Liberty of Accused. Apex Court Reaffirms Higher Pedestal of Discharged Accused — Lays Down Strict Parameters for Stay on Discharge Orders

28 Feb 2025

Supreme Court quashed the High Court’s stay and surrender order — Held that stay on discharge orders should only be granted in rare and exceptiona...

High Court

Bombay High Court Quashes Conviction in Revision for Offence Under Section 323 IPC — Revisional Court Cannot Convert Acquittal into Conviction Under Section 401(3) CrPC. The High Court set aside the conviction of the accused under Section 323 IPC read with Section 34 IPC as the revisional court lacked jurisdiction to convert acquittal into conviction.

12 Dec 2014

The petitioner, Ambadas Kalidas Panchal, was the original first informant in a criminal case. He lodged a complaint before the Magistrate, who ordered...

High Court

Bombay High Court Quashes Criminal Complaints for Dishonour of Cheques Due to Lack of Proper Service of Demand Notice Under Section 138 of Negotiable Instruments Act, 1881. Service of notice by speed post or courier must be proved by cogent evidence; mere dispatch is insufficient.

8 Mar 2023

The Bombay High Court disposed of a batch of petitions and applications under Section 482 CrPC and Section 138 of the Negotiable Instruments Act, 1881...

High Court

Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

High Court

High Court Quashes FIR and Revisional Order for Violation of Accused's Right to Hearing in Criminal Revision. The court held that Section 401(2) of the Code of Criminal Procedure, 1973 mandates hearing for accused or other persons in revisional proceedings, and Sessions Judge's failure to hear petitioners before allowing revision against dismissal of Section 156(3) application rendered the order and subsequent FIR invalid.

2 Apr 2026

The dispute arose from a criminal writ petition filed by two petitioners, a senior citizen and her daughter, seeking to quash an FIR registered agains...

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