Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 950 gms charas from possession of accused and 6.750 kg from house of accused - Independent witnesses turned hostile - However, testimony of official witnesses is reliable - There was no necessity for police officials to falsely implicate accused - It is not defence of accused that there was any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.2 lakhs - Financial capacity - Complainant employed as driver and getting salary of Rs.7,500/- per month - Loan not substantiated with any supporting material - Complainant not proved his case beyond reasonable doubt - Explanation of accused that one of the cheque was handed over to one `J'..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Recovery of 938 tables Nitrosu, 10 - Petitioners are in judicial custody since Aug 2019 - Investigation is complete and report u/s 173(2) Cr.P.C stands filed - Petitioners are permanent resident of address mentioned in memo of parties, therefore their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Non-commercial quantity - Bail may be granted to accused in appropriate cases...........
Indian Penal Code, 1860, Section 420, 406, 419, 167, 468, 379, 465, 475, 120B, 114, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 NI Act - FIR two years thereafter alleging same cheque misplaced and fraudulent use thereof - Instead of quashing FIR the same transferred to Court where proceedings of complaint u/s 138 NI Act is..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Business dealing between parties - Case regarding dishonor of cheque u/s 138 of N.I. Act already filed - It is thus, just and expedient to release petitioner on bail - Anticipatory bail granted to petitioner...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant stated that accused borrowed Rs.25,000 from him due to personal relation - However, accused did not enter into witness box and not denied by adducing evidence of himself that he has not borrowed money from complainant - Presumption u/s 139 of the Act will survive - Version..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused not denied the fact that cheque was signed by him - Loan amount was advanced on basis of personal relation - Preparation of loan documents thus, not required - Accused not entered into witness box - Version of complainant not rebutted by accused - When legal presumption..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When legal presumption is available in favour of complainant which is not rebutted, no corroboration is required to version of complainant by submitting income tax return...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-filing of income tax return - Matter related to income tax is issue between Revenue and Assessee, therefore, no, filing of income tax return cannot be a solitary basis for rejecting evidence of complainant...........
