Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings Issues involve disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of litigation u/s 138 of N.I. Act depends on how well..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Criminal Procedure Code, 1973, Section 406, 177 -- Transfer of case from Delhi to Allahabad - Cause of action arose in Delhi - Criminal case ought to be inquired and tried ordinarily where cause of action has accrued - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from Delhi to Allahabad - Cause of action as per FIR alleged to have arisen in Delhi where matrimonial home of petitioner is situated - Most of PWs are situated in Delhi - 12 official witnesses are serving in Delhi - If transfer petition is allowed, they would be required to travel from Delhi to Allahabad which..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 302, 307, 323, 342, 147, 148, 149, 508 -- Cancellation of bail - Double murder case - Accused granted bail on basis of parity with co-accused - However, bail granted to co-accused was cancelled - Since bail was sought by accused on a footing of parity, bail granted to accused also stands..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 20(b)(ii)(A), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of charas - Applicant is a German national working as qualified Audio Engineer and a roofing specialist - He came to India for first time for tourism purpose - There are no criminal antecedents of applicant - Contraband was..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Does not comes to an end with filing of charge-sheet...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Evidence of accused or defence evidence and any question of fact cannot be determined at the stage u/s 482 Cr.P.C...........
