Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness - Complainant examined and cross-examined - After two years accused moved application u/s 311 of CrPC for further cross examination of the complainant - No explanation assigned why application for re-examination was not filed at the earliest..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband recovered from `A' from bag while recovery from `K' made from polythene bag tied on waist - It was a chance recovery - S.50 of the Act not attracted - Discrepancy in date put on report as 20.6 instead of 29.6 a bona fide error - Substance containing more than 0.2% morphine is opium and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recall of complainant for further cross examination - It was claimed in the application that evidence of compliant pertaining to his income-tax returns and books of accounts were vague and needs further elucidation to enable Court to get the truth of the matter - Application allowed with a direction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence - Summoning of Income-tax authorities for production of original documents - Documents earlier filed and it became the evidence of complainant - Contents of those documents was never alleged to be doubtful - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Acquittal - Appeal against acquittal in a private complaint lies to High Court - Order passed in appeal by Additional Sessions Judge set aside as without jurisdiction...........
General Clauses Act, 1897, Section 3(35), Negotiable Instruments Act, 1881, Section 138 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and also saddled with compensation of Rs.50, 000 to be payable to the complainant within two months, failing which to undergo SI for three months - Petitioner failed to pay compensation within stipulated period - Held, petitioner not necessarily to undergo imprisonment imposed under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit qua cheque amount also filed - Civil suit dismissed - No ground to quash criminal proceedings - Judgment of civil Court not binding on criminal court - However, it is open to accused to rely upon the civil court judgment if it has become final to show that it is relevant for his defence and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - It is discretion of Court to exempt an accused from personal appearance till such time his appearance is considered by the Court to be not necessary during the trial - While considering an application u/s 205 of the Code, Magistrate has to bear in mind the nature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - Court must ensure that the exemption from personal appearance granted to an accused is not abused to delay the trial...........
