Negotiable Instruments Act, 1881, Section 138 -- Repeated presentation of cheque within its validity period - Cheque can be presented any number of times before issuance of notice - Complaint can be filed on the basis of cause of action of last dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Pre-mature complaint - Magistrate took cognizance by recording statement of complainant - Cognizance was taken prior to date of cause of action - Complaint was premature having been filed before accrual of cause of action - Proceedings quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Section 42 comprises of two components - One relates to the basis of information i.e. (i) from personal knowledge (ii) information given by person and taken down in writing - The second is that the information must relate to commission of offence punishable under Chapter IV and/or keeping or concealment of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Conviction - Compensation - Magistrate has power to impose fine by way of compensation for payment to complainant - There is no limit on power of Magistrate to fix quantum of compensation...........
Criminal Procedure Code, 1973, Section 205, Negotiable Instruments Act, 1881, Section 138 -- Personal appearance - Exemption - Accused summoned u/s 138 Negotiable Instruments Act - Exemption from personal appearance can be allowed at the stage of examination u/s 251 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Heroin - Recovery of - Compliance of provision of S.55 - No argument raised before trial Court and High Court on this point - Evidence of I.O. about safe custody of the contraband have not been challenged or shaken in the cross-examination - Cannot be accepted that there was non compliance of requirements..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Amendment - Cheque number and date of information received from bank sought to be amended - Held, trial Court has inherent power to allow to rectify typographical mistakes to do justice between the parties - Criminal Courts have an auxiliary power subject to restrictions which justice,..........
Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death during pendency of proceedings - Not necessary that legal heirs or legal representatives only can continue the proceedings - A fit and proper person can be permitted to prosecute the petition...........
Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death during pendency of proceedings - Sister - Can be allowed to continue the proceedings when legal heirs do not chose to come on record to prosecute the petition...........
Negotiable Instruments Act, 1881, Section 138 -- 'Stop payment' - Cheque dishonoured - Accused is guilty of offence u/s 138 of the Act...........
