Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Full and effective opportunity already afforded to petitioner to cross-examine complainant - Even, in event any deposits have been made by petitioner in account of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioners are neither Managing Directors nor Authorized Signatories of accused company - No specific role has been attributed to petitioners, except for general allegation stating that petitioners were responsible for control and management and day to day affairs of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 75 kg Poppy husk - Secret information - Information not reduced into writing - When there was possibility of accused to escape, case of prosecution cannot be thrown out on score that no information was reduced into writing...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 75 kg Poppy husk - Secret information - Accused were present in a jeep on a public path - Therefore, provisions of S.43 of the Act and not S.42 of the Act come into play...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Non-joining of independent witness - There is no provision of law which requires presence of an independent witness at the time of search of a suspect - Case of prosecution cannot be discarded merely on score that no independent witness was joined at the time of recovery...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Recovery effected by Inspector in presence of ASI - Both the witnesses of recovery have deposed in a fairly satisfactory manner on all material aspects of case - Deposition of witnesses inspire confidence and are fairly reliable, which proves and establishes material fact of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Discrepancy in statement of inspector who effected the recovery - Case property was deposited with MHC and officer who had effected recovery ceased to have any access to same - Sample parcel was delivered in FSL prior to dates on which seal was used by inspector in other two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - False implication - Defence version as sought to be put forth in deposition of DW2 and DW3 does not sound to be convincing and acceptable - They never submitted any complaint to higher police officers with regard to false implication of accused - DWs maintained studded..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - All issues involves disputed question of facts and law and cannot be decided unless and until the parties go to trial and lead their respective evidence - No flaw or infirmity in proceedings pending before trial Court - Petition..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Court below rightly rejected application moved by accused as the same is subject matter of trial after prosecution evidence is led, defence evidence will be examined - Even, mediation has already been failed between the parties and..........
