Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Though Court concerned may sift evidence for purpose of inferring prima facie case but certainly, it cannot appreciate evidence adduced on record rather that can only be appreciated by trial Court in totality of evidence..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Once marriage inter-se husband and wife is admitted and no legal/valid document with regard to subsistence of earlier marriage of wife ever came to be placed on record, complaint filed u/s 12 of the Act at the behest of wife is maintainable...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Transaction out of which complaint arises is regarding a deposit made by appellant with Bank - There is no dispute that such deposit was made and Bank had agreed to pay interest - Thus, to that extent bank is service provider and appellant a service recipient qua Bank's contractual obligation to pay interest..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Banking service - Merely because a fixed deposit receipt earns interest does not mean that banking service availed is for a commercial purpose - However, if deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of handwriting on kacha parchies (slips) - Person whose handwriting is sought to be compared neither complainant nor accused - Specimen handwriting of person who has appeared in the witness box as a witness only, cannot be directed to give specimen handwriting...........
Criminal Procedure Code, 1973, Section 340 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.379) - Perjury - In every inquiry u/s 340 Cr.P.C./S.379 BNSS, Court is not bound to make a complaint regarding commission of an offence referred to in S.195(1)(b) Cr.P.C., as S.340 Cr.P.C. is conditioned by words "Court is of opinion that it is expedient in the interests of justice"...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to present evidence-in-chief by way of evidence as per S.145 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Service of accused not yet effected - Complaint restored...........
Criminal Procedure Code, 1973, Section 195 -- Cognizance of offence - Where a complaint is made to a superior officer and subsequently upon investigation is found to be false, any complaint for prosecution must emanate from that very authority or a superior authority and not from an officer of a lower rank...........
