Negotiable Instruments Act, 1881, Section 143A, 138 -- Direction to deposit 20% of cheque amount - S.143-A of the Act can be applied or invoked only in cases where offence u/s 138 of the Act, was committed after introduction of S.143-A of the Act in statue book w.e.f 1.9.2018 - Since the case is pending for the last three years as such S.143-A of the Act is not applicable,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Where presence of complainant on particular day was quite unnecessary then resorting to step of axing down complaint may not be a proper exercise of power - Discretion must therefore be exercised judicially and fairly without..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused - Accused was also absent on the particular day - Magistrate should not have resorted to axing process, particularly when accused was also not present on that date and therefore, he could very well have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Restoration of complaint - It appears that despite the complainant having taken all measures within his power person representing him did not file the process fee for issuance of summons and did not appear for the complainant on date of dismissal of the petition - Dismissal of..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit more than 25% of the fine amount - Appellate Court is empowered to impose a minimum of 20% and maximum amount can go to any extent and it can go upto the fine/compensation amount, imposed by the judgment appealed against...........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit a minimum of 20% of the fine/compensation - Provision is mandatory and not discretionary - Use of word `may' can only be taken to have the colour and meaning of `shall' and there is no scope for exercise of discretion...........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit more than 25% of the fine amount - Accused in stringent financial condition - Petitioner directed to deposit 20% of the fine amount...........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 46 kgs Ganja (cannabis) - I.O. made arrest or seizure but failed to make a full report of the same to his immediate superior officer within 48 hours - There is thus, no, compliance of S.57 of the Act - Even though S.57 of the Act is not mandatory but official conducting search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 46 kgs Ganja (cannabis) - Search conducted at a public place which is open to general public - Compliance of S.42 of the Act not necessary - However, when prosecution comes up with compliance of a provision on which there is diametrically opposite statement of a witness and it also runs..........
