Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Quashing of complaint - Presumption u/s 139 of the Act or disputing the endorsement on the part of bank can always be raised during trial but same cannot be ground for quashing the complaint proceeding at initial stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - `Account closed'- There is no illegality in summoning the accused - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not impleaded as a party - Complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Govt. undertaking - Complaint filed by Branch Manager - No power of attorney executed in favour of Branch Manager on the date the complaint was filed - Power of attorney was executed in favour of Branch Manager much later of filing of the complaint - No clause in power of attorney ratifying the earlier..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused admittedly took loan from complainant - However, he failed to prove that he has discharged the entire loan liability - Signature on cheque is not denied by accused - Defence raised by accused not probable - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Neither any information was taken down in writing nor did I.O. record any such reasons for dispensing with such requirements - There is thus, non-compliance of S.42 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Withdrawal of prosecution against company is a product of Court not a prayer of complainant - Complainant cannot suffer adversely for fault of a Court - Order of withdrawal of complaint qua Company set aside and trial Court directed to dispose of complaint within three months...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act already stands withdrawn by complainant on having received the entire cheque amount - No useful purpose is going to be served by carrying on with the proceedings arising out of FIR - FIR u/s 174-A..........
