Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused examined his son in defence who deposed that his father had never taken loan from complainant - However, in cross examination he accepted that his father has taken a loan from complainant - This admission supports claim of complainant - Accused failed to rebut presumption..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. was dismissed - Accused indeed got numerous opportunities to adduce defence evidence yet kept on neglecting to adduce defence evidence and praying for adjournments - This went on for an unduly long period and there has to be an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1120 tablets - Commercial quantity - Investigation of case is complete and charge already framed - Petitioner is in custody since Jan 2019 - No PW examined till date and no explanation is forthcoming for such delay - It is not the case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Recovery of 200 gms heroin - Reduction of sentence - Accused are foreign nationals - They have undergone 1 year 8 months and 23 days of substantive sentence - Sentence awarded to both the accused is reduced to period already undergone by them and till their deportation, they will not be released from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 115 grms of contraband containing alprazolam - Contraband recovered from accused is marginally above commercial quantity - Accused is not involved in any other case - He is in custody since more than 9 months and still investigation is not..........
Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Provision of S.148(1) of the Act is mandatory - Non exercise of such power can only be under very exceptional circumstances...........
Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Such deposit is to be made within sixty days - Order to deposit for a period lesser than sixty days is illegal - It is mandatory for appellate Court to grant period of sixty days to accused to company with an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of Income Tax Returns - Loan - Complainant stating that repayment made was towards interest whereas plea of accused that he was paying instalments towards the principal amount and not towards interest - Plea that ITRs for the relevant period do not..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 13 injections of Buprenorphine 2ml and 13 injections of Pheniramine Maleate 10ml each - Charges framed - Prosecution evidence was already closed and proceedings are pending for defence evidence - Petitioner is behind bars for last more than 1..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 275 gms heroin - Non-commercial quantity - Petitioner is in custody since 2019 - Since quantity recovered is not commercial quantity, without going into merits of case petitioner released on bail...........
