cognizance of the offence
under Section 138 of the Negotiable Instruments Act,
had chosen to forward the complaint under Section ... that the
complainant was misguided to misquote the provision
of the offence committed as the one under Section
420 IPC in the complaint
aside by a superior court. Compromise of compoundable offence under Section 320(8) of the Code results in acquittal and the accused cannot be tried ... Even the learned Magistrate has misquoted the provision of law under which he made the reference. He has referred Section
offences
punishable under Sections 420 and 465 IPC. During
investigation, it was disclosed that the offence under Section
465 was not made out. Hence ... offence under
Section 138 of the Negotiable Instruments Act. The sum
and substance of the contention is that misquoting of a
provision or an offence
rice it amounted to an inference of guilt.
The learned Magistrate has misquoted the statement of Abdul Rahaman in coming to that conclusion ... Abdul Rahaman admitting the terms constituting the offence of cheating Under Section 420. To my mind, it does not admit any offence of cheating within
referring the complaint to the Superintendent of Police, Lokayuktha, Bengaluru
Urban, under Section 156(3) of the Cr.P.C. with a direction to constitute ... Urban District, Bangalore City are
as follows:
“This complaint is filed under section 200 of Cr.P.C. on 06.08.2012
by the complainant Mr. Jagadeesh
what it could not do directly in view of the
provisions of Section 439(4) .
The above would show that it is open ... approved the High Court's view that when the
trial Court misquotes evidence, when the judgment consist of faulty
reasoning or lack of judicial
what it could not do directly in view of the
provisions of Section 439(4) .
11. In Ayodhya Dube and Ors. v. Ram Sumer Singh ... such exceptional cases is to order retrial. In fact, Sub-section
(3) of Section 401 of the Code forbids the High Court in converting
guilty under Section 304 (1), Penal Code. The accused have all been convicted under Section 302 as well as under other sections including rioting with ... acquitted, while accused 1 to 3 and 8 are convicted under Section 304 (1). They are sentenced to ten years rigorous imprisonment. We think that
against whom vide order dated 14.11.2006 charge for
2
the offence under Section 292 read with 509/34/354/34/506 IPC
was framed against ... offence under Section 379 IPC.
2. Heard the ld. Counsel. Perused the record. The case
was initially registered for the offence under Section
first bail
application of petitioner under Section 438 Cr.P.C. vide FIR no.18/13
under Section 448 / 420 IPC PS Vivek Vihar ... order dated 16.05.2013 and the petitioner filed 2nd application
for bail under Section 438 Cr.P.C. on 23.05.2013 and on that day Sh.
Mahesh
