Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Summary trial - Provision of S.256 Cr.P.C. applies - Non appearance of complainant on date fixed for appearance of accused - Magistrate has no option but to acquit accused unless he chooses to adjourn the proceeding to some other date...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4), 401(4) -- Dishonour of cheque - Complaint - Non appearance of complainant on date fixed for appearance of accused - Accused acquitted - Complainant had right to file special leave to appeal to High Court u/s 378(4) - No appeal filed - Revision is not maintainable before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Charas - Recovery of 7 kg. at a busy place - Independent witnesses available but not jointed - Fact that independent witnesses not ready to join mentioned at the fag end of recovery memo whereas it should have been mentioned in the recovery memo at the appropriate place before the search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Charas - Recovery of 7 kg. - No evidence as to compliance of provisions of Ss.52 & 57 - No evidence that Arresting Officer informed accused as to ground of his arrest and no evidence that any information was given by informant to his Superior Official - Reasonable possibility of plantation of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Provision is directory - This, however, does not mean that it should be given a complete go by as that will make provision of S.57 otiose - It is a cardinal principle of law that if a thing is required to be done in a particular manner then that thing should be done in that manner or not at all...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Non observance of provision of S.57 of the Act - Does not by itself diminishes the recorded conviction but it certainly diminishes the value of prosecution evidence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship concern - An employee of a proprietorship concern cannot be proceeded against u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability - Complaint must contain requisite averments to bring about a case within the purview of S.141 of the Act so as to make some persons other than company vicariously liable therefor...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 18 -- Contraband - Secret informer made a part of raiding party but not examined in Court - Falsifies story of secret information - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Reduced in writing but copy not sent to Senior Police Officer - Provision of S.42 of the Act violated which is not a mere formality - Accused acquitted...........
