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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused convicted by both the Courts below - He failed to point out any misreading of evidence by Courts below - Accused has undergone 4 months and 10 days of sentence out of substantive sentence of one year - Ends of justice would be met if sentence awarded to petitioner is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 kg Poppy husk - Reduction of sentence - Accused is not involved in any other case - He has already undergone actual sentence of 5 months and 1 day - No useful purpose would be served by keeping accused behind bars further - Sentence awarded to accused thus, reduced to period already undergone..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Delay cannot be condoned without notice to accused and without granting him an opportunity of being heard in the matter...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Expression `Sufficient Cause' shall be understood and applied in a practical, pragmatic and reasonable manner - In the absence of any deliberate inaction or negligence on the part of complainant, the words `sufficient cause' shall be construed in a..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - If acknowledgement card is not returned within a reasonable time, it is for complainant to make enquiry with postal department regarding fate of notice sent by him...........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Any complaint filed before expiry of fifteen days from date on which notice has been served on drawer/accused is no complaint at all in eye of law...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 1450 intoxicating tablets - Three persons travelling on motorcycle signaled to stop and at that time bag lying between driver and person sitting to next fell on road - Whether petitioner can be attributed conscious possession of contraband, is..........

KERALA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........

DELHI HIGH COURT

Year of decision: 2020
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 52A -- Recovery of huge quantity of heroin - Procedure adopted for drawing sample neither conforms to procedure prescribed u/s 52-A of the Act, nor under Standing Orders - Even, samples sent to CRCL were not representative samples - I.O without weighing contents of each individual packet, mixed powder..........

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