Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused on receipt of legal notices within 15 days not paid the amount towards discharge of liability qua cheque in question - Complaint was filed within one month of lapsing of 15 days after receipt of legal notices - Accused not raised any probable defence - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment of year of cheque - Year of cheque wrongly mentioned in notice, complaint and in evidence recorded - In a complaint of dishonour of cheque date is a relevant aspect based on which entire aspect relating to issue of notice within time frame as provided in the Act and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Contraband - Search and seizure - Seizure of contraband narcotic drug, i.e., heroin/brown sugar weighing 2 kgs and 30 grams from the possession of A-1 has been duly established by prosecution beyond all manner of doubt - Link evidence required to prove the sanctity of sampling and transmission of..........
Negotiable Instruments Act, 1881, Section 138, 139, 118A -- Dishonour of cheque - Appeal against acquittal - Cheque in question was not issued in the name of complainant - Complainant has failed to establish the ingredients of S.138 of the Act by discharging his initial burden to prove the existence of legally recoverable debt or liability - Provisions of Ss.118-A, 139 of..........
Indian Penal Code, 1860, Section 376, 323, 452, 506 -- Rape - Jurisdiction - Rape alleged to be committed at place `N' & `B' - Court at place `U' has no jurisdiction as rape is not a continuing offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Wrong mentioning of date of presentation of cheque and date of dishonour of cheque - Inadvertent typographical error/mistake - However, documents annexed with complaint clearly depict correct dates of respective events - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Tamil Nadu Suspension of Sentence Rules, 1982, Rule 2(4) -- Dishonour of cheque - Sentence - Application seeking ordinary leave to accused for 21 days without escort to attend the marriage of his son - However, accused completed the substantive sentence period and he is undergoing the default sentence - As per R.2(4) of Tamil..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
