Cheque Dishonour Cases u/s NI Act 138 in a Nutshell

22 May 2021Posted inNegotiable Instruments
The five elements of a cheque dishonor case are drawing the cheque by the accused on an account maintained by him, presentation of the cheque to the Bank by the payee, returning the cheque unpaid by the drawee bank, the payee issuing a demand notice to the drawer of the cheque, and the failure on the part of the drawer to make payment within 15 days of the receipt of notice. When the five elements exist then the payee has a valid ground for filing a cheque case. The Magistrate while taking cognizance has to look into whether the ingredients have been made out.

Framing of Charge in a Criminal Case

22 May 2021Posted inCriminal law
A charge in a criminal case is a written notice in which precise and specific accusation against the accused in regard to the offence is stated. It is the foundation of the criminal trial. The charge conveys the accused the accusation which the prosecution intends to prove against him in the court. It enables him to prepare for his defence in regard to the accusation.

Electronic Evidence u/s 65B of Evidence Act

22 May 2021Posted inEvidence law
The requirement of the certificate, under Section 65B (4) of the Indian Evidence Act, 1872 (IEA), is mandatory for admissibility of electronic record in evidence. The Supreme Court (SC) finally took this view in Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal case delivered on 14th July 2020.