Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - By mere statement that Directors were not involved in transaction cannot at this juncture be accepted, when they are being put to trial and the contention being tested on the basis of examination or..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 2kgs and 515 grams of ganja - When quantity is less than commercial restrictions of S.37 NDPS Act will not attract and factors for bail become similar to offence regular statutes - Moreover, petitioner is first..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted on the ground that disposal of case would take considerable time - Nothing mentioned about conduct of accused as a reason for grant of compensation - Impugned order set aside - Matter remitted for reconsideration...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Conduct of accused is a relevant factor for grant of interim compensation - Such reason should be mentioned in the order as it is only then that such an order will become an order bearing application of mind...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque drawn for purpose of securing job - Cheque issued for illegal contract - Cheque drawn not in support of any debt or liability as such same is not legally enforceable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Cheque dishonoured due to closure of account - It is an offence u/s 138 of the Act - Order taking cognizance is proper...........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 6, 12, 17, Indian Penal Code, 1860, Section 506, 376(2)(N), 323, 328, 406 -- Bail - Offence u/ss 6, 12, 17 POCSO Act and Ss. 506, 376(2)(N), 323, 328, 406 IPC - Prima facie it appears that FIR is registered after much delay - Even, there are 22 prosecution witnesses..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Perusal of order shows that on each date of hearing petitioner was represented by his counsel and on 18.11.2019, petitioner himself was appeared before trial Court - But non-appearance of petitioner or his..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter between parties settled - 5% of cheque amount has already been deposited by accused as compounding fee as per directions of Court - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Appeal against conviction - In an appeal preferred by accused person sentence cannot be enhanced...........
