Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant had discharged the initial onus of proof by proving five ingredients as contemplated u/s 138 of the Act - Onus of proof shifted to the shoulders of accused - However, there is no material on record to substantiate plea of discharge - Material on record shows that cheque..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved their differences and have compromised the matter - Accused is a poor person, thus, 15% of cheque amount towards costs of litigation can be waived off in the interest of justice - Parties are allowed to compound the offence in terms of S.147 of the Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Contraband - Examination of accused u/s 313 Cr.P.C. - Two material circumstances not put to accused in his examination u/s 313 Cr.P.C. as such a serious prejudice is caused to accused in his defence - These two material circumstances has to be kept out of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of income tax returns of complainant - Income tax returns of complainant needed due to certain response elicited during course of cross-examining complainant - By allowing the application, complainant cannot claim that he will be put to hardship and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant closed after giving him sufficient opportunities - However, accused cannot be deprived of his right to defend himself since right to cross-examine is akin to right to defend - Although ample opportunities have been granted to accused and matter is pending..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of accused by way of affidavit is not permissible...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 293(4) -- Dishonour of cheque - Sending cheque and promissory note for expert opinion - Accused did not dispute the execution of cheque though disputed payment - However, accused did not dispute the promissory notes as well as endorsement of part payments on promissory notes - There is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - If the object searched is a part of body of person, S.50 of the Act necessarily has to be complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When contraband is enclosed in a polythene bag and it was found on the lap of accused - No requirement of compliance of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)ii)(B) -- Contraband - PW5/independent witness categorically stated that he signed arrest memo and mahazar at the spot but he did not identify accused before Court - Other independent witness PW9 is a person having acquaintance with accused for about 10 years - It is thus, confirmed that PW9 did not state..........
