Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused failed to examine even a single witness even after availing four opportunities - No explanation why he did not lead evidence on said dates - However, in the interest of justice one opportunity given to accused to lead his entire..........
Indian Penal Code, 1860, Section 323, 504, Criminal Procedure Code, 1973, Section 2(d) -- Offence u/ss 323, 504 IPC - Offences are bailable and non cognizable - Procedure of complaint case to be adopted - Order taking cognizance and summoning order quashed...........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise between parties - Wife having taken benefit under the compromise not coming forward to get her statement recorded to quash FIR - Wife cannot be permitted to back out of compromise - Proceedings under the FIR deserve to be quashed - FIR and all subsequent..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Complainant issued sanction letter in respect of term loan facility and sanction letter for rescheduling existing term loan and company executed term loan agreement and other loan related agreements and other accused executed agreement of guarantee and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d) -- Anticipatory bail - Cheating - Misappropriation of Government money - No material on record that accused had actively connived with co-accused in causing loss and misappropriation of crores of rupees - Even there is no proof..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 431 -- Dishonour of cheque - Compromise in Lok Adalat - Default in payment - Award of Lok Adalat can be executed as a Civil decree or as per provision of S.431 Cr.P.C. depending on terms contained in the compromise - If there is a term agreed that the complainant can enforce the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 120 capsules of Spasmo Proxywon and one injection of Avil 10 ml along with syringe - Giving of third option of search to accused by I.O - I.O gave offer to accused to get his search conducted either through him or through a Gazetted Officer or through a Magistrate, which was defective offer and..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso - Dishonour of cheque - Demand notice - Notice returned unclaimed and received by complainant on 14.9.2000 - Such date would be commencing date in reckoning period for 15 days contemplated u/s 138 Proviso Clause (c) of the Act - Since payment could have been made upto 29.9.2000 but when it is not made, cause of..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Computation of period of limitation - For computing period of limitation u/s 142(b) of the Act, date when cause of action arose would be excluded...........
