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Punishment - Two penalties being visited upon an employee for the same misconduct

CrPC S. 311 - The power of the court is not constrained by the closure of evidence, the broad powers under Section 311 are to be governed by the requirement of justice - The power must be exercised wherever the court finds that any evidence is essential for the just decision of the case

Home Criminal Negotiable Instruments Act

Negotiable Instruments Act, 1881, S. 143(A) – Interim compensation – Can be recovered as if it were a fine – Failure to deposit 20% of the cheque amount as interim compensation in terms of Section 143(A) as ordered – The remedy for failure to pay interim compensation as directed by the court has been provided by the Legislature.

in Negotiable Instruments Act

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Negotiable Instruments Act

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.

Negotiable Instruments Act

[SC] NIA S. 138 – Loan availed at P – In order to harass the petitioner, the cheque was presented in the banks Branch at C – Proceedings can not continue at C. [213 PLR 612]

Negotiable Instruments Act

Negotiable Instruments Act, 1881 – S. 138 – Loan agreement executed at Hyderabad – Cheque was issued at Hyderabad – Respondent/Complainant Financial institutions have their offices at Hyderabad – Entire cause of action for filing the present complaints under S. 138 has accrued at Hyderabad – Yet the complaint has been submitted before the Court at Calcutta, Jaipur and Gurugram only to harass the petitioners – Stay of further proceedings. [#PLRonline]

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