Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Burden is on accused to prove that dishonour of cheque was not due to insufficiency of funds and that there was valid cause including absence of any debt or liability for the stop payment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Dishonour of cheque on the ground of stop payment is dishonour of cheque within the meaning of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Words and Phrases -- Semicolon - Primary intention of semicolon is to indicate a discontinuity of grammatical construction greater than that indicated by a comma but less than that indicated by a full stop...........
Criminal Procedure Code, 1973, Section 258 -- Power to stop proceedings - FIR u/ss 447, 341, 323, 427 IPC - Charge sheet filed - Accused could not be served - Since all the offences were triable as summons case, Magistrate stopped proceedings u/s 258 Cr.P.C. - Thereafter on the application of prosecution, Magistrate reopened the case and issued non bailable warrants..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Magistrate allowing application u/s 156(3) Cr.P.C. directing investigation after registration of FIR - Revision against by prospective accused - Not maintainable - Prospective accused has no right to stop the registration of FIR by challenging the order passed by Magistrate u/s 156(3) Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Identity of accused - Police holding a picket - At 10 P.M. signal given to a car to stop - Driver fled away leaving behind the car - Four bags of poppy husk recovered - After arrest TIP not held - Accused identified in Court for the first time - Prosecution miserably failed to prove identity of accused..........
Banking service -- Vehicle finance - The stoppage of payment of the installment of loan after the vehicle allegedly met with an accident was unilateral - There was no justification to stop the payment of installment simply because the cover note had not been supplied - It was his responsibility in terms of Clause 6(E) of the loan agreement to keep the vehicle insured..........
Electricity supply -- Excess load - Electricity theft - Penalty - Connected load to the extent of 8.776 KW as against the sanctioned load of 1.8 KW - Complainant was giving energy illegally to two persons from his meter which was burnt, thus dead stop - He was also running a Toka machine - The FIR for the above said theft of energy was also lodged - In such circumstances..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Endorsement 'reported stolen' - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque - Dismissal of application to drop proceedings - Order upheld...........
