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Full Bench of the Madras High Court comprising Justice M M Sundresh, Justice Bharathidasan and Justice Anand Venkatesh, has in a seminal ruling ( by orders from.28/5/2020 made in Rajalingam vs Suganthalakshmi) of huge impact, held that appeals against acquittal of accused by Magistrate Courts, in private complaints vis a vis Negotiable Instrumenta Act,1881, ( christened as ‘cheque bouncing cases’) shall only be under Sec.378 (4) of Cr.PC and before High Court alone, with requisite leave under 378(5) and not under Proviso to Sec.372, as amended since 2009.
by Sekar Reporter · Published May 28, 2020
PARTIES: AHMED GANI NATCHIAR vs COMMISSIONER OF CUSTOMS Appearances: For Appellant: Ms. Shabnam Banu For Respondent: Depratment Representative- Joint Commissioner This appeal arose before The Customs Excise and Service Tax Appellate Tribunal (CESTAT) challenging on the absolute confiscation of 626 grams of gold jewellery that belonged to the Appellant, a resident of Malaysia, under Sections 111(d) and 111(l) of the Customs Act, 1962 and imposition of penalty under Section 112(a) of the same Act by the customs authorities. The appellant was intercepted at the Airport and was interogated and gold jewellery was seized.
by Sekar Reporter · Published June 16, 2020