Court : Mumbai Nagpur
..... order passed by the learned judicial magistrate, first class, mangrulpir, district washim in summary criminal case no.884 of 2003 delivered on 24th september, 2000 whereby the respondent/accused ramesh sheshrao deshmukh was acquitted of the offence punishable under section 138 of the negotiable instruments act. 2. ..... demand notice dt.12.4.2003, which was received by the accused on 19.4.2003, but he did not comply with the demand and therefore, the complainant had prosecuted the accused on the ground that he had committed the offence punishable under section 138 of the negotiable instruments act. 4. ..... judgment and order of acquittal, which was passed by the trial magistrate was restored, while the apex court was pleased to set aside the judgment of the high court convicting the accused for the offence punishable under section 138 of the negotiable instruments act. ..... that being so, the evidence of complainant was rightly disbelieved by the trial magistrate in the present case and the accused was rightly acquitted of the offence punishable under section 138 of the negotiable instruments act. 8. .....
Tag this Judgment!Court : Mumbai Nagpur
..... order passed by the learned judicial magistrate, first class, mangrulpir, district washim in summary criminal case no.884 of 2003 delivered on 24th september, 2000 whereby the respondent/accused ramesh sheshrao deshmukh was acquitted of the offence punishable under section 138 of the negotiable instruments act. 2. ..... demand notice dt.12.4.2003, which was received by the accused on 19.4.2003, but he did not comply with the demand and therefore, the complainant had prosecuted the accused on the ground that he had committed the offence punishable under section 138 of the negotiable instruments act. 4. ..... judgment and order of acquittal, which was passed by the trial magistrate was restored, while the apex court was pleased to set aside the judgment of the high court convicting the accused for the offence punishable under section 138 of the negotiable instruments act. ..... that being so, the evidence of complainant was rightly disbelieved by the trial magistrate in the present case and the accused was rightly acquitted of the offence punishable under section 138 of the negotiable instruments act. 8. .....
Tag this Judgment!Court : Mumbai Nagpur
..... learned app with reference to this statement submitted that the accused may be convicted for lesser offence punishable under section 323 of indian penal code. ..... learned trial judge also observed that when offence was registered under section 307 of the indian penal code, it was obligatory upon the prosecution to prove injury certificate in order to establish the guilt of the accused even under section 326 of indian penal code. ..... 26 of 1996 whereby the respondent-accused was acquitted of offence punishable under section 307 of the indian penal code read with section 27 of the arms act. 3. ..... that the alleged offence was not proved beyond reasonable doubt. ..... the offence was registered by selu police station as crime no. .....
Tag this Judgment!Court : Mumbai Nagpur
..... learned app with reference to this statement submitted that the accused may be convicted for lesser offence punishable under section 323 of indian penal code. ..... learned trial judge also observed that when offence was registered under section 307 of the indian penal code, it was obligatory upon the prosecution to prove injury certificate in order to establish the guilt of the accused even under section 326 of indian penal code. ..... 26 of 1996 whereby the respondent-accused was acquitted of offence punishable under section 307 of the indian penal code read with section 27 of the arms act. 3. ..... that the alleged offence was not proved beyond reasonable doubt. ..... the offence was registered by selu police station as crime no. .....
Tag this Judgment!Court : Mumbai Nagpur
..... api gawai, therefore, lodged report at city police station vide first information report no.273/2006 for the offence punishable under section 302 of the indian penal code against the appellant. ..... the trial court has rightly convicted the appellant of the offence punishable under section 302 of the indian penal code. ..... it appears that though a separate order has not been passed by the learned trial judge, the plea of the appellant was not accepted by the learned trial judge considering the serious nature of the offence and therefore, the trial had proceeded further. ..... the appellant has been acquitted of the offence punishable under section 498a of the indian penal code. ..... he has however been convicted of the offence punishable under section 302 of the indian penal code and is sentenced to suffer imprisonment for life. 8. ..... no.273/2006 for the offence punishable under section 302 of the indian penal code. ..... after registration of offence, he had visited the spot. ..... since the offence had taken place within the jurisdiction of city police station of chandrapur, police officer bhusari had taken the appellant to city police station. .....
Tag this Judgment!Court : Mumbai Nagpur
1. the appeal is directed against the judgment and order dated 28/06/2000 passed by learned special judge, buldana in special case no. 2 of 1992 whereby the respondent accused was acquitted of offenses punishable under section 7,13(1) (d) read with section 13(2) of the prevention of corruption act,1988. 2. facts stated are:- on 17/08/1991 one kishorkumar manaklal chandak resident of dongarkhandala taluka and district buldana approached the office of of anti corruption bureau and lodged complaint against the accused who was working as minimum wages inspector (agri.) in the office of the labour officer, buldana. a notice was issued from the office of the labour officer to the the complainant regarding an agricultural labourer baliram vithoba sawale employed on monthly basis pursuant to which the complainant had contacted the accused. the accused had demanded rs. 300/- to settle the matter. the accused had negotiated and reduced the demand to rs. 200/- and called the complainant on 19/08/1991. the complainant lodged the complaint with acb recorded by psi paund. after following the procedure as to pre-trap panchnama the complainant had approached the accused as planned and gave currency notes to the accused near the staircase of the office. the accused had then gone inside the cabin of the labour officer. raiding party on receiving the signal as predetermined had raided the accused . the amount was found kept inside the paper with letter head of buddhist society of india and .....
Tag this Judgment!Court : Mumbai Nagpur
..... state of jammu and kashmir reported in air 1983 sc 631, the learned trial judge has rightly arrived at the conclusion that the accused could not be held guilty of the offence punishable under section 409 of the indian penal code. ..... of the judgment and order dated 27/02/2001 passed by the judicial magistrate, first class, amravati in regular criminal case no.181 of 1996 whereby the learned trial magistrate was pleased to acquit the respondent/accused of the offence punishable under section 409 of the indian penal code. 2. ..... the accused was charge sheeted for the offence of criminal misappropriation punishable under section 409 of the indian penal code. ..... in order to establish the offence of criminal breach of trust, it is salutary requirement that there must be a proof of entrustment of money with the accused. ..... the improvements made, therefore, by the complainant in her testimony before the court would not be of any help to the prosecution to prove the offence against the accused. ..... in order to the prove offence punishable under section 409 of the indian penal code, the prosecution is required to establish that: a) the accused was either a public servant or a banker, or a merchant, or a factor or a broker, or an attorney or an agent. .....
Tag this Judgment!Court : Mumbai Nagpur
..... state of jammu and kashmir reported in air 1983 sc 631, the learned trial judge has rightly arrived at the conclusion that the accused could not be held guilty of the offence punishable under section 409 of the indian penal code. ..... of the judgment and order dated 27/02/2001 passed by the judicial magistrate, first class, amravati in regular criminal case no.181 of 1996 whereby the learned trial magistrate was pleased to acquit the respondent/accused of the offence punishable under section 409 of the indian penal code. 2. ..... the accused was charge sheeted for the offence of criminal misappropriation punishable under section 409 of the indian penal code. ..... in order to establish the offence of criminal breach of trust, it is salutary requirement that there must be a proof of entrustment of money with the accused. ..... the improvements made, therefore, by the complainant in her testimony before the court would not be of any help to the prosecution to prove the offence against the accused. ..... in order to the prove offence punishable under section 409 of the indian penal code, the prosecution is required to establish that: a) the accused was either a public servant or a banker, or a merchant, or a factor or a broker, or an attorney or an agent. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the trial magistrate held that no offence, as alleged, was proved. 5. ..... thus, the respondent/accused herein was facing trial on the ground that he committed offence punishable under section 11(3) r/w. ..... the complainant, being aggrieved by the judgment and order of acquittal of ramesh motiramji patil of the offence punishable under 11(3) r/w. .....
Tag this Judgment!Court : Mumbai Nagpur
..... the trial magistrate held that no offence, as alleged, was proved. 5. ..... thus, the respondent/accused herein was facing trial on the ground that he committed offence punishable under section 11(3) r/w. ..... the complainant, being aggrieved by the judgment and order of acquittal of ramesh motiramji patil of the offence punishable under 11(3) r/w. .....
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