Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused is 52% handicapped and has deposited in Court 10% over and above amount of compensation - Complainant is compensated adequately - Substantive sentence of imprisonment imposed upon accused is not necessary - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Provision of S.142(b) of the Act cannot be considered to be effective with retrospective effect...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was given by accused to complainant for collateral security not as discharge of any debt or other liability - Conviction and sentence rightly set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures admitted - Plea of misuse of blank cheques - Bald assertion of misuse of blank cheques, in the absence of cogent rebuttal, cannot be accepted - Accused failed to rebut presumption u/s 139 of the Act - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter has been amicably settled between parties - Offence in question ordered to be compounded subject to payment of 10% of cheque amount as compounding fee by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment to add name of applicant No.3 in the cause title without any amendment in body of complaint - Name of applicant No.3 was not mentioned in cause title though there were specific averments against him also - Since no prejudice was caused therefore there was no illegality..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Specific averments in complaint regarding responsibility of both the accused in firm - There were sufficient grounds to proceed against accused at the stage and order was passed u/s 204 Cr.P.C - No interference warranted by exercising jurisdiction to quash the proceedings at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- "Person" - Word "person" would mean a human being with appropriate coverings and clothings and also footwear...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of heroine - Non-compliance of S.50 of the Act - Accused were not produced before any Magistrate or Gazetted Officer and search and recovery was not made from accused in presence of Magistrate or Gazetted Officer - Both the accused intended to be searched from I.O - However, none of police..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of one `N' during pendency of suit - During pending of application for substitution `I' one of the L.R's of `N' died - Limitation to file application for substitution of L.R's of `I' will start to run from the day when application for substitution of L.R's of `N' was allowed...........
