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Supreme Court Tag

Justice Delayed is Justice Denied: Cheque Bounce cases under Sec.138 N.I. Act

Cheque Bounce Advocate Chandigarh

A 5-judge Constitution Bench of the Hon’ble Supreme Court of India in a Sou Motu petition has recommended amendments in Section 138 of the Negotiable Instruments Act, 1881 and issued several other guidelines in order to make the Act more efficient in disposing of the cases of dishonor of cheque in a speedy manner since there has been a huge backlog of cases on the matter pending for disposal which is raising questions on the efficacy of the existing laws. The learned Amici Curiae as appointed by the Apex Court in its preliminary report submitted that total number of criminal cases...

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Supreme Court – Trial cannot be quashed for investigation of SC-ST offences by incompetent Police Officer

The Supreme Court in a noteworthy case of State of Madhya Pradesh Vs Babbu Rathore & Anr has observed that, when the offence complained is both under Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the investigation which is being made by a competent police officer in accordance with the provisions of the Criminal Procedure Code cannot be quashed for non-investigation of the offence under Section 3 of the Act by a competent police officer....

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