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BOMBAY HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant - Application for recall of complainant filed by accused at the fag end of trial - Admittedly, matter was posted at least five times for final arguments, but instead of arguing, application for recall of complainant was filed -..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused took the defence that loan was repaid - Complainant failed to prove that there was outstanding amount and no account books, ledger account or statement of loan was produced - Complainant failed to discharge onus cast upon him that cheque was issued for discharge of debt or..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 10.200 kg opium - Independent witness not supported prosecution case - Compliance of S.50 of the Act not discernible from testimony of PW6 himself - There was also an interpolation in mentioning weight/quantity of contraband - Conduct of accused as per prosecution that he himself was keeping..........

TELANGANA HIGH COURT

Year of decision: 2022
Details

Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1 of 1989, Dated 13.06.1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - Sampling was done contrary to standing instructions 1 of 1989, dated 13.06.1989, which is mandatory - It cannot be said that police had followed procedure prescribed under the Act..........

TELANGANA HIGH COURT

Year of decision: 2022
Details

Narcotic Drugs and Psychotropic Substances Act, 1985 -- Standing Instructions 1, 2.2, 2.3 of 1989, Criminal Procedure Code, 1973, S.439 - Recovery of 214 kg Ganja in 107 packets - Bail - It is not known from which packet sample was taken out - There is thus, violation of 2.2 of Standing order 1/89 - Neither panchnama nor complaint nor remand report makes a mention about..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 143(A) -- Dishonour of cheque - Interim compensation - No opportunity was granted to accused to file his response before passing of interim compensation of 20% of cheque amount, despite the fact that he had not pleaded guilty of notice of accusation served upon him u/s 138 of N.I. Act - There is no application of mind by trial..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Matter between parties settled amicably - 5% of cheque amount as per directions of Court already deposited by accused as compounding fee - Conviction and sentence set aside...........

GAUHATI HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Compromise between parties - Nature of dispute is pre predominantly private - Compromise entered into voluntarily - Nature of offences is also not heinous - Fit case where extraordinary power u/s 482 Cr.P.C. can be exercised to secure..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Matter between parties settled and due amount has already paid to complainant - Conviction and sentence set aside - Accused acquitted...........

Showing : 871-880 of 7624 Results