Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques do not bear the signatures of accused - It is a matter to be seen after trial and cannot be adjudicated at this stage - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques do not bear the signatures of accused - It is a matter to be seen after trial and cannot be adjudicated at this stage - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Unconditional undertaking - Promissory note should contain an unconditional undertaking signed by maker to pay a certain sum of money...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Unconditional undertaking - Defendant has given an unconditional undertaking that he would repay the amount without raising any objections and failure to make the payment, discretion is given to payer to recover it by initiating proceedings against properties held by defendant/maker - Unconditional..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed questions involved in the matter with regard to payment of amount with respect to cheque in question - However, date of return memo of cheque whether it is within time or not and amount in question was required to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kgs Ganja - Non-compliance of provision of S.50 of the Act - No effort was made by police personnel to produce the accused before any Gazetted Officer or Magistrate, as required u/s 50 of the Act - There is thus, non-compliance of mandatory provision of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kgs Ganja - Search and seizure - Non-production of independent eye witness of alleged recovery and even no explanation has been offered for his non production - It is serious lacuna which has made the prosecution case very doubtful - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - Right to cross examine complainant closed as accused did not cross examine him despite availing five effective opportunities - In the interest of justice last opportunity granted to cross examine..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Managing Director issued cheque in his capacity as Managing director of Company - Company acquitted - Managing Director cannot be held vicariously liable for the offence committed by the company - Managing Director acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394(2) -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Application for impleadment of L.R's of deceased accused at the instance of complainant is not maintainable...........
