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Complaint under section 420 IPC not barred even if prior complaint under section 138 NI Act is pending -Supreme Court

By Vivek Nasa
It has been held by Hon'ble Supreme court of India in Sangeetaben Mahendrabhai Patel vs State Of Gujarat that, A subsequent complaint under section 420 IPC is admissible & not barred even if prior complaint under section 138 NI Act is pending or appeal thereto in pending adjudication. Supreme Court of India Sangeetaben Mahendrabhai Patel vs State Of Gujarat ; Anr on 23 April, 2012 Author: . B Chauhan Bench: B.S. Chauhan, Jagdish Singh Khehar REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 645 of 2012 Sangeetaben Mahendrabhai Patel …Appellant Versus State of Gujarat & Anr. …Respondents J U D G M E N T Dr. B.S. CHAUHAN, J. 1. This appeal has been preferred against the impugned judgment and order dated 18.8.2011 passed by the High Court of Gujarat at Ahmedabad in Criminal Misc. Application No. 7807 of 2006, by which the High Court has dismissed the application filed by the presen
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ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT

By Vivek Nasa
ADMISSIBILITY OF EVIDENCE RELATED TO ELECTRONIC RECORDS UNDER INFORMATION TECHNOLOGY ACT AND INDIAN EVIDENCE ACT WRITTEN BY: VIVEK NASA ELECTRONIC EVIDENCE / EVIDENCE RELATED TO ELECTRONIC RECORDS NOT ADMISSIBLE WITHOUT CERTIFICATE UNDER SECTION 65B(4) OF INDIAN EVIDENCE ACT. ANY AUDIO/VIDEO RECORDING OF ANY CRIMINAL OFFENCE GIVEN TO POLICE ON CD/DVD/PEN DRIVE, NOT ADMISSIBLE EVIDENCE PER SE . After implementation of Information Technology Act 2000 (as amended), amendments were made to other statues like Indian Penal code and Indian Evidence Act, to recognize offences/ criminal acts done, using computer systems (including electronic devices). Amendments were also introduced to Indian Evidence Act to recognize evidence collected using computer systems. Section 65A and 65B were added to recognize admissibility of evidence related to electronic records. Section 65A of Indian Evidence Act reads as under: “Section 65A: Special provisions as to evidence relating to el
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Recovery of cheque bounce money becomes difficult: Change in Jurisdiction of Section 138 NI Act Cases : SC

By Vivek Nasa
By Vivek Nasa Recovery of cheque bounce money becomes difficult: Change in Jurisdiction of Section 138 NI Act Cases Landmark Judgement by Supreme Court of India changes the way Cheque Bounce Section 138 NI Act cases are filed. In a landmark judgement, the Supreme Court of India has changed he way Cheque Bounce Section 138 of Negotiable Instruments Act cases are filed.to prosecute a person who had presented the cheque which bounced for insufficiency of funds. Earlier, a case under Section 138 could be filed by holder of the cheque at four different places of his choice including his place of business or residence. But, now after this landmark judgement in the case of Supreme Court of India has ruled that from now onwards a case can be filed only at the place where the branch of the bank on which the bounced cheque was drawn is located. Dashrath Rupsingh Rathod Versus State of Maharashtra & Anr. Source :Judis.nic.in Dashrath Rupsingh Rathod Versus Stat
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Vivek Nasa on Sexual Harrassment of Women at workplace

By Vivek Nasa
Vivek Nasa on Sexual Harassment of Women at workplace By Vivek Nasa FOR MORE INFORMATION CONTACT Vivek Nasa & Associates Chamber no 11, Second Floor, Lawyers Chambers Block A, Gurgaon Civil Court, National Highway 8, Gurugram, Haryana 122001, India  Get Directions Phone:   +91 9811896536 Website:   https://www.viveknasa.com Email:   contact@viveknasa.com Facebook Profile:  Visit Google Maps:  Visit Youtube Channel:  Visit  
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