Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Criminal case registered against defendant in which he was arrested - Matter was settled, MOU was executed and defendant was granted conditional bail - However, defendant did not comply with the terms and conditions of MOU executed before the Court - Plaintiffs were within their right to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Criminal and civil proceedings are two different and separate independent remedies - Filling of FIR and even proceedings u/s 138 of N.I.Act, 1881 do not debar a person to avail civil remedy to recover the outstanding amount...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants trying to mix two disputes into one which disputes are obviously distinct - Since all the pleas/allegations qua claim of Rs.7 crores of defendants is against MOU/Settlement hence cannot be considered - Defence raised in application for leave to defend is contrary to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Absence of liability of accused to honour the cheque which was issued in the nature of security - Complainant failed to establish ingredients of offence by showing existence of legally enforceable debt - Order of acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Concurrent running of sentences - Three complaints u/s 138 of N.I Act - Single loan transaction - All the three transactions took place within a span of one year and came to be dealt with finally by trial Court as well as Apex Court on a single date - Benefit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in NDPS Act - Vehicle carrying 22 kg poppy straw i.e below commercial quantity - Merely because vehicle is likely to be confiscated after trial, conditional release of vehicle on "supardagi" cannot be denied and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company or firm not impleaded as accused - Cheque was given by accused to complainant for covering its personal liability - Commercial institution/establishment as such not required to be impleaded as a party/accused in complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuance of process - Enquiry u/s 202 Cr.P.C. is not mandatory in proceeding u/s 138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........
