Court : Kerala
..... before proceeding for search the sub inspector had registered a crime against petitioners on the said complaint, under section 420 ipc and under sections 3 and 4 r/w section 17 of the kerala money lenders act. though vigorous search was made, nothing could be seized. during subsequent investigation also the police could not ..... seize or recover any material showing the involvement of these petitioners in the alleged money lending business. now, on the apprehension of arrest, as part of investigation the petitioners seek prearrest bail under section ..... money lending business. receiving or obtaining some documents, or even blank papers as part of a business, will not by itself constitute cheating punishable under section 420 ipc. of course, if the petitioners are in fact involved in unauthorized money lending business, they can definitely be proceeded against under the .....
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..... petitioner herein is the 8th accused in crime no.537 of 2014 of mathilakam police station registered under sections 143, 147, 148, 341, 324, 326, 120b, 201, 212, 307, 302 read with section 149 of indian penal code and also under section 27 of the arms act. the crime relates to the brutal murder of one navas at about 8.45 p.m on ..... bail was dismissed by the learned sessions judge, thrissur by order dated 21.4.2014 in crl.m.c703of 2014. now, he is before this court seeking regular bail under section 439 of cr.p.c.3. as required by the court, the learned director general of prosecutions submitted the case diary along with report of the investigating officer and opposed .....
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..... the petitioner herein is the 1st accused in crime no.739 of 2014 of mavelikara police station, registered under sections 3 and 17 of the kerala money lenders act and also under sections 3 and 4 of the kerala prohibition of charging exorbitant interest act, 2012. on the basis of reliable and secret information, the sub inspector of police, mavelikara conducted a search in ..... produced before the learned magistrate having jurisdiction, by the investigating officer on the same day. if application is filed for regular b.a no.4114 of 2014 4 bail under section 437 of cr.p.c., the same shall be judiciously considered and decided by the learned magistrate. if detention of the petitioner in custody is not necessary, the question of .....
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..... such a situation, the 1st respondent brought complaint before the judicial magistrate of the first class-ii, thiruvananthapuram alleging the offence punishable under section 138 of the negotiable instruments act.2. the revision petitioner entered appearance and claimed to be tried. the complainant examined himself as pw1 and marked exts.p1 to p6 ..... of the cheque amount as demanded in the notice. thus, i find that the complainant has well proved the offence punishable under section 138 of the negotiable instruments act with all the necessary elements and ingredients including compliance of the statutory requirements for initiating prosecution. i find no illegality or irregularity ..... can be allowed in part. in the result, this revision petition is allowed in part, confirming the conviction against the revision petitioner under section 138 of the negotiable instruments act, crl.r.p. no.766 of 2014 6 however, with some modification in sentence. accordingly, the jail sentence imposed by the courts .....
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..... failed to make payment of the cheque amount, he brought complaint in time. i find that the complainant has well proved the offence punishable under section 138 of the negotiable instruments act with all the necessary ingredients and elements, and he has also proved compliance of the statutory requirements in initiating prosecution. thus, there is no ..... the revision petitioner pleaded not guilty during trial. however, he was found guilty by the trial court under section 138 of the negotiable instruments act. during trial, the complainant examined himself as pw1, and also marked exts.p1 to p6. no evidence was adduced in defence by the revision ..... of funds, and in spite of statutory notice, the revision petitioner did not make payment of the cheque amount. alleging the offence punishable under section 138 of the negotiable instruments act, the 2nd respondent filed a complaint before the learned judicial first class magistrate court-iii, kottarakara as c.c no.190 of 2007.2. .....
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..... by the complainant, on facts, proving the offence stands not discredited. i find that the complainant has well proved the offence punishable under section 138 of the negotiable instruments act with all the necessary elements and ingredients, including compliance of the statutory requirements for initiating prosecution. i find no ground for interference in the ..... the evidence given by the complainant, the trial court found the revision petitioner crl.r.p. no.1056 of 2014 2 guilty under section 138 of the negotiable instruments act. on conviction thereunder, he was sentenced to undergo simple imprisonment for three months, and was also directed to pay a compensation of 3 ..... ~~~~~~~~~~~ dated this the 9th june, 2014 order the revision petitioner challenges the legality and propriety of the conviction and sentence against him under section 138 of the negotiable instruments act. a cheque issued by him in favour of the 1st respondent herein for 3 lakhs in discharge of a debt was dishonoured due to .....
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..... honour the cheque or that the cheque was bounced on some other ground. thus, i find that the complainant has proved the offence punishable under section 138 of the negotiable instruments act with all the necessary elements and ingredients, including compliance of the statutory requirements for initiating prosecution. i find no reason for interference in the conviction ..... examined herself as pw1and marked exts.p1 to p5. no evidence was adduced in defence by the revision petitioner. the trial court found him guilty under section 138 of the negotiable instruments act. on conviction, he was sentenced to pay a fine of 1,02,625/-. crl.r.p no.1053 of 2014 2 3. aggrieved by the ..... the following: p.ubaid, j.~~~~~~~~~~ crl.r.p no.1053 of 2014 ~~~~~~~~~~~ dated this the 9th june, 2014 order a sentence of fine under section 138 of the negotiable instruments act is under challenge in this revision. the revision petitioner had borrowed an amount of 1,00,000/- from the 1st respondent herein on 2.9.2009. .....
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..... /2006 dated104.2006 by the2d respondent. exhibit p2 : true copy of the reply dated2005.2006 submitted by the petitioner. exhibit p3 : true copy of notice under sec.87 dated2703.2014. exhibit p4 : true copy of the letter dated0305.2014 served on the2d respondent by the petitioner. exhibit p5 : true copy of the notice ..... of the circumstances coming to fore. section 83 of the wp(c).no.12177 of 2014 - 4 - finance act, 1994 contemplates that certain provisions of the central excise act, 1944 would apply to that act. section 37c of the central excise act deals with service of decisions, orders, summons, etc. looking at section 37c, one of the modes of ..... service is registered post with acknowledgement due. there is no dispute that the department had attempted service by that mode and if the section provided only .....
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..... statutory notice caused by the complainant, a complaint was filed before the judicial first class magistrate court-iii, aluva alleging the offence punishable under section 138 of the negotiable instruments act.2. the revision petitioner entered appearance in the trial court and pleaded not guilty. the complainant examined himself as pw1 and marked exts.p1 ..... to p6 during trial. though the revision petitioner denied the incriminating circumstances when examined under section 313 cr.p.c, he did not adduce any ..... debt. this evidence stands not in any manner discredited, and thus the presumption available to the complainant under crl.r.p no.984 of 2014 3 section 139 of the negotiable instruments stands not rebutted. ext.p2 memo will show that the cheque was bounced due to insufficiency of funds. ext.p3 statutory .....
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..... . thus,i find that the complainant has well proved his case on facts to the satisfaction of the court. the offence punishable under section 138 of the negotiable instruments act stands well proved with the necessary elements including the statutory requirements. i find no illegality or irregularity or impropriety in the conviction or in ..... defence was adduced by the revision petitioner. on an appreciation of the evidence adduced by the complainant, the trial court found him guilty under section 138 of the negotiable instruments act. on crl.r.p no. 910 of 2014 2 conviction thereunder, he was sentenced to undergo imprisonment till rising of court and also ..... : ma p.ubaid, j.~~~~~~~~~~ crl.r.p no. 910 of 2014 ~~~~~~~~~~~ dated this the 4th june, 2014 order conviction and sentence under section 138 of the negotiable instruments act are under challenge in this revision, brought by the accused. prosecution was initiated by the 1st respondent before the judicial first class magistrate-iii, palakkad .....
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