File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Power of Supreme Court under S406 Crpc

The non-obstante clause in section 142(1) of the Act 1881 would ovveride S.406 Crpc.

The non obstante clause was there in the original S.142 itself and was not introduced by way of the amendment in the year 2015 , along with S.142 itself (2) which prescribed the manner in which cognizance has to be taken in offences under S 138 NI Act, 1881 as a departure has to be from usual Procedure in as much as prosecution.

For the said offences stand post poned despite commission of the offences being complete upon dishonour of the cheque and it must necessarily be in the in terms of procedure prescribed.

The clause has to be read and understood in the context and for the purpose of it is used and it does not lend itself to the Interpretation that 406 Crpc would stand excluded vis a vis offences u/s 138 NI Act of 1881. The power of Supreme Court to Transfer pending criminal proceedings u/s 406 Crpc does not stand abbrogated in respect of offences u/s 138 NI Act,1881.

AIR online 2015 SC 67: 2015 AIR SCW 6556

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly