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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - General directions issued by High Court - Held, discretion of Magistrate u/s 205 Cr.P.C. cannot be circumscribed by laying down any general directions in that behalf...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Examination of accused u/s 313 Cr.P.C. - In a summons case, when the personal appearance of the accused has been dispensed with u/s 205 of the Code, a discretion is vested in the Magistrate to dispense with the rigour of personal examination of the accused u/s 313 of the Code as well...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - High Court granted exemption from personal appearance in exercise of power u/s 482 Cr.P.C. - Order set aside - It is discretion of Magistrate whether to grant exemption or not...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Recovery of 3 Kg. of heroin from house on receipt of secret information - Plea of false implication - Held, in case there was an intention to falsely implicate the accused in the case then only implant could have been 250 gms. which is a commercial quantity and there was no necessity to implant such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Recovery of 3 Kg. of heroin from house on receipt of secret information - Plea that house is not in exclusive possession of accused as other members of family also live in the house - Contention repelled - Bedroom from which heroin was recovered had no access except the accused - Held, accused alone..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Recovery of 3 Kg. of heroin from house on receipt of secret information - Degree of proof - Prosecution is required to establish its case beyond a reasonable doubt but that does not mean that the degree of proof must be beyond a shadow of doubt...........
