Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount was advanced on basis of personal relation, therefore, preparation of other documents was not required under law and cheque issued by accused is best document for showing liability of accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not give reply to notice issued to him - It is not a case of accused that he has not signed the cheque - Though no account register or income tax return was produced by complainant, but when accused himself has not denied borrowing money and did not enter into witness box,..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Default bail - Recovery of 10 intoxicant tablets of Alprazolam and 150 loose intoxicant tablets - Where total quantity recovered from possession of accused did not fall in category of commercial quantity, there was no justification to reject application..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Default bail - Recovery of 10 intoxicant tablets of Alprazolam and 150 loose intoxicant tablets - Non-commercial quantity - Report u/s 173(2) Cr.P.C was not filed by police within period of 60 days - On expiry of period of 60 days indefeasible right to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery slightly higher than commercial quantity - Departure can be made from bar of S.37 of the Act when recovered contraband is slightly higher than commercial quantity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Provision of S.37 of the Act though creates a bar for the grant of bail in case of commercial quantity - However, the same is not absolute in nature...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 55 gms intoxicating powder jointly from petitioners - In case petitioners are released on bail, there is no likelihood that they will tamper with the evidence or influence the witnesses or that they may repeat the offence particularly..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Applicability of S.143-A of the Act - Complaint filed on 11.05.2017 - Provision of S.143-A of the Act was inserted in the statute books w.e.f. from 01.09.2018 - Impugned order directing applicant to pay 20% of cheque amount as interim compensation set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Default in payment of instalments - Execution of award - Challenge to order passed by Executing Court U.O.21.R.37 CPC as to why JD be not arrested and detained in civil imprisonment followed by another order on the application of J.D. for recalling the warrant of arrest issued..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is old age person - Jail sentence of accused reduced from 6 months R.I to 3 months R.I with fine of Rs.3.90 lacs to complainant u/s 357(3) Cr.P.C...........
