Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without hearing accused - Impugned order set aside - Matter remanded...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - When accused does not plead guilty, he does not automatically become liable to pay 20% of cheque amount as interim compensation - Court has to record reasons for determining quantum of compensation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused changed his stand at different stages differently - Consistent case of accused on which finding of conviction by two Courts concurrently against him, is on record - Accused has no right to develop the third case at revisional stage - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expired cheque - Cheque presented to bank within six months of cheque date - However, same was presented to payee bank after six months of cheque date - No criminal liability u/s 138 of the Act is attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - When there is no demand in notice for amount covered by bounced cheque, notice is not valid notice...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 76.700 gms Ganja - Finding source of Narcotic Drugs is an important investigate effort but failure to find out source of procurement by itself is of no consequence in a trial held against accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 76.700 gms Ganja - Recovery effected from luggage box of bus - PWs 1 and 2 were the drivers on the bus at the relevant time - They are strangers to accused and police and are neutral - Their position is equivalent to position of any of other passengers in the bus - Therefore,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 76.700 gms Ganja from luggage box of bus - Nothing was seized from the hands of accused or from pant pockets or from their body parts - There was no personal search - When there was no personal search, S.50 of the Act does not operate - Question of compliance of S.50 of the Act does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Recovery of 76.700 gms Ganja - PW5 submitted report to his immediate superior officer within 24 hours well within time as provided u/s 52 of the Act - Accused were also produced before Court without any delay - There is thus, full compliance of Ss.52, 57 of the Act - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount deposited with trial Court has been agreed to be released in favour of complainant - Complainant has no objection for compounding the offence in case said amount is released in his favour - Offence ordered to be compounded - Conviction and sentence set aside...........
