Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Contention that accused informed complainant that due to some changes in the management, all the previous liability would be undertaken by one `M' as per registered agreement - Held, shifting of liability after issuance of cheque has no significance as penal provisions attack..........
Indian Penal Code, 1860, Section 341 -- Wrongful restrain - For applicability of the provision of S.341 IPC, it has to be proved that (i) there was obstruction by the accused; (ii) such obstruction prevented a person from proceeding in a direction to which he had a right to proceed; and (iii) the accused caused such obstruction voluntarily. - Obstructor must intend or know..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Order of acquittal cannot be passed in every case for non-appearance of complainant on each and every date of hearing...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of witnesses - Prima facie there was substance in the plea of accused for the purpose of leading additional evidence in defence - It would have not caused prejudice to complainant as complainant would have got a chance to cross-examine witnesses..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 147, 148, 149, 504, 506 -- Quashing of proceedings - Compromise - Attempt to murder - Fourteen accused persons were involved in the crime and fire arms weapons were used - Offences alleged to have been committed by accused are crime against society - Even in such case, if settlement is..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant proved that accused issued cheque after availing loan of Rs.3,50,000 - Complainant proved his initial burden entitling him to get benefit of presumptions u/ss 118, 139 of N.I Act - However, accused did not adduce any evidence to rebut said presumptions - Accused rightly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 149, 324, 427, 441, 323, 506, 447, 307, 302, 34 -- Bail - Murder - Prior enmity between parties - Accused were known to complainant, thus, it cannot be concluded at this stage that it was not possible to identify accused - Accused were specifically named in FIR - Nature of allegations..........
Consumer Protection Act, 1986, Section 21 -- Medical Negligence - Award of compensation of Rs.One lakh by District Forum - Order not challenged by consumer - Order became final - In a revision filed by respondent State Commission confirmed the order passed by District Forum - National Commissioner while dismissing revision, enhanced the compensation from One Lakh to ten..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Cause of action arose on 17.3.2018 - Complaint filed after delay of 7 days i.e on 25.4.2018 - No petition for condoning delay has been filed on behalf of complainant and without condoning delay, Court below has taken cognizance on complaint which was barred by limitation..........
