Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Expeditious disposal of NI Case by establishment of Special NI Courts - Directions issued for establishment of pilot basis in 5 judicial districts with highest pendency in 5 states with highest pendency (namely Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh) - Guidelines covering the pilot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Recovery of 260 grms heroin - Second bail application - Petitioner is not involved in any other criminal case - He is in custody for over 1 year and 3 months and only 2 PWs out of 9 PWs have been examined so far - It is debatable whether mandatory provision of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant apart from making a bald statement in cross examination had not produced any evidence to substantiate advancing loan - Complainant was not able to discharge onus that cheque was issued for discharge of debt or other liability as no document or books of account were produced -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Issuance of cheque of Rs.6.70 lakhs towards partial liability - Plea that it is not mentioned as to what was the liability - However there is specific mention in the complaint as to the issuance of cheque of Rs.6.70 lakhs - Order to pay interim compensation of 20% of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 75 intoxicant bottles of Wincriex - 100 ML - Petitioner has been in custody for over a year - Though charges have been framed, evidence of prosecution yet to begin - Petitioner is not involved in any other case under NDPS Act - Point raised..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C), 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1500 tablets of Tramadol Hydrochloride - Bail - Story put forth by prosecution seems doubtful that accused carrying contraband in transparent polythene bag which would easily expose person carrying such contraband - Accused is in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Appellate Court duly considered the overall facts and circumstance of case as well as duly appreciated the evidence and material available on record of the case - No grounds made out to warrant any interference in order of acquittal passed by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undisputed signatures of accused on cheque itself is not sufficient for conviction u/s 138 of the Act - One of the ingredient for succeeding is that cheque was issued for discharge of debt or other liability...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of commercial quantity - Petitioner regularly appeared before trial Court - Sending petitioner in custody at this stage would not serve any purpose - Bail granted to petitioner...........
