Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - There was only one transaction of sale of property of complainant and his wife to children of petitioner - Fact that four sale deeds are executed on two dates does not mean that there was several transactions between them - Notice sent by complainant to accused contains all relevant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 10,000 tablets of tramadol hydrochloride - Debatable question arises in the case as to whether petitioner was picked from his shop in the morning or as to whether he was arrested later in the day from a different place while in possession of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Amicable settlement during pendency of appeal filed against order of conviction - Court can allow compounding of offence even when accused is convicted by Courts below - Offence allowed to be compounded - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complainant failed to disclose date, month and year of advancement of loan and remained silent - Even, one FIR got registered against son of complainant on basis of statement made by son of accused and one cheque was also issued in favour of complainant but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Absence of complainant on one occasion - Not justified - It is always desirable that lis should be decided on merits - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence compounded - Conviction set aside - Accused acquitted - Prayer for exemption to pay 15% compounding fee as accused is required to expend huge sums of money towards his kidney ailment - Prayer accepted - Penalty reduced from 15% to 7% - Directions issued...........
Limitation Act, 1963, Section 5, Negotiable Instruments Act, 1881, Section 4 -- Suit for recovery of money - Issue as to `whether dishonoured cheque will save the limitation of time barred debt, in the absence of promise' - Period of limitation has to be reckoned from the date of cheque considering the cheque as acknowledgment of debt - In instant case, suit being filed..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Independent and a no, executive Director of a company - In absence of any specific role attributed against him for his active participation in day to day affairs of company and of taking all decisions of company, particularly when he is not signatory to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 204, 328, 384, 506 -- Bail - Offence u/ss 376(2)(n), 204, 328, 384, 506 IPC - Variation in FIR version and statement recorded u/s 164 Cr.P.C., therefore culpability of petitioner yet to be established during course of trial - Bail granted...........
