Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Bail - Offence u/ss 15, 61 NDPS Act - Recovery of 35 kgs of poppy husk - Petitioner undergone 5 months and 12 days of custody - As per custody certificate there was another case u/s 15 NDPS Act which was pending against him with regard to 10 kg of poppy husk..........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Statutory period of 180 days has to be calculated only from date of remand and not from the date of arrest...........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Charge sheet was filed just after expiry of 180th day of arrest of accused - Petitioner held, not entitled to compulsive bail - Bail held, rejected...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not deny his signatures on cheque in question and that same pertains to his bank account - Court bound to draw presumption in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Computer generated invoice - Does not bear the signatures of the author...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - There is no requirement of law to produce income tax or sales tax returns - Simple legal requirement for complainant is to satisfy Court that cheque in question was issued by accused to discharge his legal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that cheque was issued in good faith - Not believable and is improbable in view of the fact that no one would issue a signed cheque in favour of another person, unless and until there is some transaction...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit by accused - Accused in a complaint u/s 138 N.I. Act is entitled to lead evidence on affidavit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - At time of presentation of cheque before bank there was no legally enforcement debt or liability in view of mortgage agreement executed between parties in which cheque was to be presented before bank after thirty months -..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Accused proved that cheque book issued to complainant in year 2005 and other cheques from cheque book were got encashed in year 2007 and 2008 - Further, on backside of cheque name and particulars of accused have..........
