Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter between parties compromised and due amount already paid by accused - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Limitation - As per complainant she fell ill so she could not file complaint within time - Even, complainant filed medical certificate alongwith complaint - As complaint has been filed after amendment of S.142 of the Act came into force, complaint held, not barred by..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Search and seizure - Entire case based on search and seizure - If search and seizure is doubtful, conviction of accused cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Contradictions found in evidence of PW3 and PW4 with regard to preparation of seizure panchanama and non-production of register maintained by PW2, who is owner of lodge, where accused allegedly stayed and contraband was seized - Search and seizure conducted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 5.450 kg Ganja - Procedure prescribed u/s 50 of the Act had been duly followed by I.O while making seizure of contraband, as per statement of I.O and Sub Inspector - There is no reason to disbelieve statements of I.O and other police officials - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Independent witnesses not fully supported prosecution case - However, official witnesses have unequivocally stated about search and seizure of contraband - Defence failed to elicit anything from PWs which could suggest that they were in any manner inimical to accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Reduction of sentence - Incident occurred in 2002 and accused is facing trial since 2003 - Accused already remained in jail for 11 months and 17 days - Sentence of accused reduced to period already undergone by him - However, fine sentence with default stipulation as..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arrayed as accused neither in notice nor in complaint - Complaint not maintainable - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 460(e) -- Dishonour of cheque - Cognizance taken by Magistrate not empowered to take cognizance - Held, it will not vitiate the proceedings, as cognizance taken in good faith that too erroneously - Matter squarely covered by S.460(e) Cr.P.C...........
