Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without hearing accused - Impugned order set aside - Matter remanded...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - When accused does not plead guilty, he does not automatically become liable to pay 20% of cheque amount as interim compensation - Court has to record reasons for determining quantum of compensation...........
Indian Penal Code, 1860, Section 419, 420 -- Cheating - Accused impersonated his brother and obtained employment - However, brother of accused had died and appointment order was issued to him - Accused continued to work in office knowing fully well that appointment letter was issued to his brother - Apology letter written by accused to Department concerned corroborated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 76.700 gms Ganja - Finding source of Narcotic Drugs is an important investigate effort but failure to find out source of procurement by itself is of no consequence in a trial held against accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 76.700 gms Ganja - Recovery effected from luggage box of bus - PWs 1 and 2 were the drivers on the bus at the relevant time - They are strangers to accused and police and are neutral - Their position is equivalent to position of any of other passengers in the bus - Therefore,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 76.700 gms Ganja from luggage box of bus - Nothing was seized from the hands of accused or from pant pockets or from their body parts - There was no personal search - When there was no personal search, S.50 of the Act does not operate - Question of compliance of S.50 of the Act does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Recovery of 76.700 gms Ganja - PW5 submitted report to his immediate superior officer within 24 hours well within time as provided u/s 52 of the Act - Accused were also produced before Court without any delay - There is thus, full compliance of Ss.52, 57 of the Act - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape - Prima facie or reasonable ground to believe that accused has committed offence of rape upon prosecutrix - Offence in question is grave by its nature - Prosecutrix during in her deposition before trial Court not..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - Purpose of enquiry u/s 202 Cr.P.C is to determine as to whether allegations leveled in complaint are true so as to issue process against accused...........
Criminal Procedure Code, 1973, Section 202 -- Enquiry u/s 202 Cr.P.C - After report u/s 202 Cr.P.C submitted by enquiry officer, trial Court can either dismiss complaint u/s 203 Cr.P.C or proceed ahead by issuing process against accused u/s 204 Cr.P.C...........
