Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 255 gms of heroin - When an under trial has been in custody for a significant period of time and trial is being held up for no fault on his part, Court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Original cheque, original written memo and other relevant papers fell on road in transit - On the same day police complaint was lodged - While issuing process, the documents were before Magistrate - When documents were lost then necessary permission..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
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..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Power of revision available to High Court u/s 401 r/w S.397 is not wide and exhaustive to re-appreciate evidence to have a contra finding...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - If there is non-consideration of any relevant materials or fundamental violation of principle of law, then only power of revision would be made available...........
Negotiable Instruments Act, 1881, Section 118, 138, 139 -- Dishonour of cheque - Conviction - Petitioner admitted that he had received a friendly loan, therefore apparently, there was a subsisting debt and liability - Moreover, once the signatures on the cheques have been admitted, the presumption envisaged under Section 118 of the Act arises that the cheque had been..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of proceedings qua Director - If any Director or partner wants the process to be quashed on the ground that only a bald averment is made in the complaint and that he/she is really not concerned with issuance of cheque, he/she..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Object of notice before filing of complaint is not just to give a chance to drawer of cheque to rectify his omission to make his stance clear so far as his liability u/s 138 of the Act is concerned...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Liability of Director - On other elements of an offence u/s 138 of the Act being satisfied, burden is on Board of Directors or officers in charge of affairs of Company/partners of a firm to show that they were not liable to be convicted...........
