TaxTMI 
TaxTMI 
2019 (2) TMI 2077
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....lainant are relatives. The petitioner-accused has approached the complainant for hand loan of Rs. 3 lakhs on 30.08.2008 and the same was handed over to the accused by the complainant. The accused promised to return the same within a period of two months but he did not repay and to discharge the said liability, he issued a cheque bearing No. 478395 dated 30.10.2008 drawn on HDFC Bank, Malleshwaram Branch, Bengaluru. When the complainant presented the said cheque for encashment, it was dishonored with a shara "account closed" on 27.11.2008. A notice came to be issued to the accused as contemplated under Section 138 of Negotiable Instruments Act, 1881 ('the N.I. Act' for short) and the said notice was also returned as 'not claimed&....
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....dgment passed by the First Appellate Court. 7. Learned counsel for the respondent submit that though the appeal lies to the Hon'ble High Court but it is only an irregularity not illegality. The Court below after appreciation of the materials placed on record, has come to a right conclusion. He further submitted that the petitioner-accused, who appeared before the Court below has participated in all the trial and at that time, he has not raised a single finger by saying the Court is not having any jurisdiction and now at this belated stage, he cannot contend that the Court below was not having any jurisdiction while passing the impugned order. On these grounds, he prays to dismiss the appeal. 8. I have carefully and cautiously gone thr....
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....ffence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.] (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 1[the Central Government may, subject to the provisions of sub-section (3), also direct....