Double Jeopardy - Dishonor of Cheque
2012 STPL(Web) 245 SC
Criminal Appeal No. 645 of 2012
High Court has dismissed the application filed by the present appellant under Section 482 of Criminal Procedure Code, 1973 (hereinafter referred as `Cr.P.C.’) for quashing the I.CR No. 18 of 2004 and Criminal Case No. 5 of 2004 pending before the Chief Judicial Magistrate, Patan, on the plea of double jeopardy for the reason that the appellant has already been tried and dealt with under the provisions of Section 138 of Negotiable Instruments Act, 1881 (hereinafter...
Plea Bargaining
Plea Bargaining
We are all aware of the backlog of cases in Courts. Presenting solutions to this is the need of the hour. One such solution is ‘plea-bargaining’. I shall explain this in some depth here.There are three types of plea-bargaining –
Charge Bargaining
Sentence Bargaining
Fact Bargaining
Charge bargaining
Here, the defendant pleads guilty to charges whose magnitude is lesser than the offence he is put on trial for. For example, in murder cases, the plea bargain usually offered is manslaughter (in the UK) In India, for example a...
