Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not received by accused - Cheque presented again - Bank not accepting the cheque - Bank had no occasion either to honour or dishonour the cheque - No cause of action - Complaint dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Charas - Recovery of 1.57 kg. - Recovery on secret information - Raid organised joining an independent panch witness - Panch witness appeared as prosecution witness in nine other cases - No reliance can be placed on his evidence - Raid organised by PW4 who claimed to have taken the seal from police..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Delay in filing complaint - Cognizance wrongly taken - Accused discharged...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - No averment in complaint as to how and in what manner the Director was responsible for the conduct of business of Company or otherwise responsible to it in regard to its functioning - Held, even if allegations in complaint are taken to be correct in its entirety the same do not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on superdari - Vehicle used in transportation of contraband - Petitioner registered owner of vehicle - Petitioner already released on bail - If vehicle is allowed to stand in the Police Station, it would not remain roadworthy - Its machinery,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures on cheque disputed - Request to send cheque to handwriting expert for comparison of signatures - Request cannot be declined on ground of delay...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Tendered his resignation prior to issuance of cheque - Not liable for the offence committed by company - Order of issuance of process against Director quashed and set aside...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - Initiation of proceedings u/s 138 of the Act - Initiation of separate proceedings u/s 420 IPC for the offence of cheating is maintainable as it does not amount to double jeopardy...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 18, 50 -- Second test - Court can allow but not at the mere asking of an accused - Second test can be allowed when Court is of the opinion that retesting would be necessary to secure the ends of justice and to afford a fair trial to the accused...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Co-operative Society - President on behalf of Society can file complaint...........
