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Aslam Mea and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in46Ind.Cas.528
AppellantAslam Mea and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 345 - compromise petition filed when judgment was being written, whether can be refused. - 1. in this case the opposite party, on whom the rule was served, does not appear to show cause. in his explanation the magistrate, before whom the case was tried, states that he does not think that the compromise petition could be accepted at such a late stage, when the judgment was actually being written, but a case may be compromised under section 345, criminal procedure code, at any time before the sentence is pronounced. we accordingly make the rule absolute and set aside the conviction and the sentence passed on the petitioners. the fines, if paid will be refunded.
Judgment:

1. In this case the opposite party, on whom the Rule was served, does not appear to show cause. In his explanation the Magistrate, before whom the case was tried, states that he does not think that the compromise petition could be accepted at such a late stage, when the judgment was actually being written, but a case may be compromised under Section 345, Criminal Procedure Code, at any time before the sentence is pronounced. We accordingly make the Rule absolute and set aside the conviction and the sentence passed on the petitioners. The fines, if paid will be refunded.


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