Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - Dishonour of cheque - Demand notice - Cheque which was drawn by respondent was for Rs.1,00,000 whereas in the notice issued u/s 138 Proviso (b) of the Act appellant mentions the amount of Rs.2,00,000 - Defence would not hold good that different amount mentioned in the notice was out of inadvertence - Even if..........
Negotiable Instruments Act, 1881, Section 138, 141, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Offence by Company - Quashing of summoning order - Once cheques stood drawn on behalf of company, arraigning of Company as an accused is imperative - However, since there is no recital regarding compliance of S.138 r/w S.142 of the N.I. Act..........
Indian Penal Code, 1860, Section 498A, 406, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.498-A, 406, 506, 34 IPC and 3, 4 DPA - Quashing of proceedings - Delayed FIR lodged without providing any satisfactory explanation - Complainant gave inconsistent versions in written complaint and in statement recorded..........
Indian Penal Code, 1860, Section 498A -- Demand for dowry in any form is itself sufficient for S.498-A IPC being attracted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against mother-in-law - Deceased had not committed suicide on account of either demand for dowry being made or cruelty being inflicted on her as per PWs - Neighbour of appellant who was examined as DW1 has deposed that appellant had never made any demand for dowry - She also deposed that deceased had informed..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Complainant himself had approached accused for seeking his help for a passport - Admittedly, out of Rs.1200 paid, Rs.1000 were towards passport fee and therefore was not bribe money - Demand for bribe is not supported by complainant and there was no reliable..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Offence u/ss 304-B, 498-A, 34 IPC - Amount given in Chuchak at the time of birth of the child of deceased cannot be termed as demand...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Postal receipt not produced - This fatal defect means that statutory notice was never received by accused and fifteen days period never commenced - Absence of proof of receipt of notice is fatal in any event - Complaint dismissed...........
Indian Penal Code, 1860, Section 304B, 176, 201 -- Dowry death - Cause of death of deceased was not known as no postmortem was conducted - Deceased was pregnant when she expired and earlier she had a miscarriage - Prosecution miserably failed to prove unnatural death of deceased, consequently presumption against accused u/s 304-B IPC cannot be invoked - Case set up that..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Secured asset - Tenant in secured asset - Respondent claimed he was a tenant in the secured asset from 1987 - However, he was unable to place on record any rent receipt, tax receipt or electricity bill evidencing continued occupation of premises prior to..........
