চেকের মামলা | এন আই অ্যাক্টের ১৩৮ ধারার মামলা | Case under section 138 of NI Act | Cheque Dishonour

Summary

This transcript explores key legal and financial terms such as negotiable instruments, including promissory notes, bills of exchange, and checks, commonly used in banking. It also covers criminal procedure, highlighting non-cognizable offenses, the role of judicial authorities like the Chief Metropolitan Magistrate (CMM) and Judicial Magistrates (CJM), and the process of issuing warrants. The document touches upon the importance of the First Information Report (FIR) in criminal cases, illustrating how the legal system ensures due process and oversight in criminal matters, particularly involving financial instruments and offenses.

Takeaways

• 😀 Instruments refer to promissory notes, bills of exchange, or checks payable either to order or to bearer.
• 😀 The term 'negotiable instruments' includes legal documents that can be transferred or exchanged for value.
• 😀 Non-cognizable offenses involve crimes where the police cannot arrest without a warrant.
• 😀 The Chief Judicial Magistrate (CJM) and Metropolitan Magistrates handle various criminal cases, including those involving negotiable instruments.
• 😀 A First Information Report (FIR) is essential for starting criminal proceedings in some cases.
• 😀 Criminal offenses punishable by less than two years in prison or a fine only are often classified as non-cognizable offenses.
• 😀 The Criminal Procedure Code (CrPC) outlines the procedures for handling different types of offenses.
• 😀 The Instruments Act governs matters related to negotiable instruments, including their handling and enforcement.
• 😀 A warrant is necessary for arresting an individual in connection with a non-cognizable offense.
• 😀 The term 'non-cognizable' refers to offenses that do not allow immediate arrest without judicial approval.

Q & A

What is meant by 'negotiable instruments'?

Negotiable instruments refer to financial documents such as promissory notes, bills of exchange, or checks that are transferable between parties. They can be payable either to order or to the bearer.

What is the role of a 'Metropolitan Magistrate'?

A Metropolitan Magistrate is a judicial officer in a metropolitan area who handles criminal cases, including offenses with fines or imprisonment for less than two years. They may issue warrants or deal with non-cognizable offenses.

What is a 'non-cognizable offense'?

A non-cognizable offense is a crime for which a police officer cannot arrest the accused without a warrant. These offenses typically carry less severe penalties, such as fines or imprisonment for less than two years.

What does the term 'first information report' (FIR) refer to in criminal procedure?

The 'First Information Report' (FIR) is the initial report filed by the police about the commission of a cognizable offense. It is an essential step in criminal investigation, marking the start of the formal process.

What is the significance of the 'Instruments Act' mentioned in the transcript?

The Instruments Act governs the regulation of negotiable instruments such as promissory notes, bills of exchange, and checks. It defines their legal framework and enforceability in financial transactions.

How does the Criminal Procedure Code (CPC) relate to the role of magistrates?

The Criminal Procedure Code (CPC) outlines the procedures that magistrates must follow in criminal cases, including arrest protocols, investigations, and the issuing of warrants. It guides how cases are managed and adjudicated in courts.

What is the distinction between 'cognizable' and 'non-cognizable' offenses?

Cognizable offenses are serious crimes where police can arrest the accused without a warrant, while non-cognizable offenses are less severe crimes where police cannot make an arrest without a warrant.

What does the term 'action of instruments' refer to in the context of legal procedures?

The 'action of instruments' likely refers to the legal processes or actions involving negotiable instruments like promissory notes, bills of exchange, and checks, and their handling in legal disputes or transactions.

What are 'criminal offenses against other laws' as described in the transcript?

Criminal offenses against other laws refer to violations of specific statutes outside the general criminal code, which may result in imprisonment for less than two years or fines. These offenses are subject to the discretion of the magistrate handling the case.

What is meant by 'arrest without warrant' in the context of criminal procedure?

An arrest without warrant refers to detaining an individual by the police without needing prior approval from a magistrate, which can occur in cases of cognizable offenses where immediate action is warranted.