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Internship Report Dme

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Internship Report Dme

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INTERNSHIP REPORT

Vijay Kumar Dwivedi & Associates


(ADVOCATE)

Submitted by – Vageesha Dwivedi


Enrolment no – 05151103819
Batch - 2019-2024
Section- C

Submitted to- Ms. Shreya Mahajan

Submission date – 12/11/2021

DME LAW SCHOOL


DELHI METROPOLITAN EDUCATION
(Affiliated to GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY)
ANNEXURE-II

DECLARATION

I, Vageesha Dwivedi, Enrollment No. 0515110381; B.A.LL. B; Batch(2019 – 2024) of DME


Law School, hereby declare that the Daily dairy & Internship report, is my original work and
the same has not been submitted to anyother University/Organization for the award of any other
degree.

Date: 12/11/ 2021 [Signature of the Candidate]


Place: Noida

Countersigned
[Mentor of DME]
TABLE OF CONTTENTS

S.NO. CONTENT PAGE NO.

1. Acknowledgement 1

2. An overview of online Internship 2

3. Learning Outcome 3

4. Research work 4

5. Chapter one 13

6. Chapter two 15

7. Chapter three 17

8. Conclusion 19
ACKNOWLEDGEMENT

The journey started as a student towards the professional life with the aim in mind to learn
some practical aspect of law, ended as a rich learning experience, also helped me to gain
some set of skills. I will strive to use the gained skills and knowledge in the best possible
way, and I will continue to work on their improvement, in order to attain the desired career
goals.
No work can be completed without other’s help or contribution. It gives me immense
pleasure to thank my supervisor, Adv Vijay Kumar, who guided me and assisted me
throughout this internship
I also take this opportunity to bow my sincere gratitude to Delhi Metropolitan Education,
GGISPU, for providing me the opportunity and permission for this internship and as a result
of which I gained knowledge and experience.

Yours Sincerely,
Vageesha Dwivedi

Page | 1
Preface of Online Internship

Being a law student, it is important for me to have an in-depth understanding of the practical
side of law. Simply focusing on the theoretical aspects would not hold me in good stead.
Therefore, interning under a practicing lawyer is the best way of developing this understanding
of the legal system of our country.

For my internship I interned with a High Court advocate. Since the internship was online, I
could not attend the trial hearings neither visited the court. Hence, the work assigned to me
was done solely online (research based).
It being an online internship, my first interaction was with Adv Kumar himself via telephone. I
was asked about my course, my preferences and career goals. After that, I was briefed about the
work and ongoing cases
During the four weeks of my summer internship, I was given cases to read that are pending in
the court right now and are being argued by my supervisor as well as the scanned files of
those cases that have been disposed off. An important aspect of my internship was that my
supervisor took personal interest in teaching me the basics of the civil and criminal procedure
of our legal system. I was taught the hierarchy of the civil and criminal courts in our country
and the role of various magistrates/ judges, police officials and the policing machinery. It was
an enlightening session for me.

Key tasks I was assigned -:

 Knowing about various sectors of law. Researching a diverse set of laws widened
the scope of my legal knowledge.
 Case study and analysis
 Attending Online Client Sessions
 Assisting my supervisor in research work

Overall, my internship was an enriching experience, given the limited scope and of
significantly brief duration still helped me gain an edge over my researching skills and came
out be productive.

Page | 2
Learning Outcome

Internship is all about practical knowledge, experience and learning. I got all these experiences
throughout my internship. Being my first internship experience, it was an astounding one for
me.

I learned about various terminologies, which were all synonyms for me before coming here. I
also learned about hierarchy of courts.

I learned various practical aspects of law. I also learned how to apply law which we study
theoretically in a practical situation. There were many subject areas during the entire
internship such as civil, criminal, contract, constitutional law. Did research of various articles
and case laws spanning through the online databases (SCC Online, Indiankanoon, Manupatra,
casemine ….)
Presentation skills – every week, I use to give one presentation, the topics were allotted by
my supervisor. Topics included writs, certain articles, contempt of court, to name a few.

Application of learning outcome in academics and future endeavours

What I learned will be used in academics in proceeding years. This internship cleared a lot of
my misconceptions and distinguished various aspects of law. It changed my view to look upon
things and circumstances.

The first and the foremost thing which I got from this internship is the habit of reading legal
news and updates daily which will help me in updating my legal knowledge and build up my
understanding towards law.

It will improve my language which I needed the most and it also gave me guidance to build
good resumes and cover letter which will attract a good legal attribute to me.

Page | 3
Legal Research

1. The Medical Termination of Pregnancy (Amendment) Act, 2021: A step towards


liberation

Reform of the abortion laws in favour of the well-being of pregnant women is one aspect of
the removal of gender discrimination. The Medical Termination of Pregnancy Act (MTP Act)
1971, was a breakthrough legislation in this regard, as it reduced the number of unsafe illegal
abortions. It was passed due to the progress made in the field of medical science with respect
to safer abortions. With advancements in ultrasonography and genetic technologies, many
foetal malformations and genetic disorders were being diagnosed after 20 weeks of gestation.
The fact that termination of pregnancy was not legally permitted beyond 20 weeks of
gestation caused great distress to such women, and highlighted the need to increase the upper
limit of termination of pregnancy. Concurrently, there has been greater awareness around the
world on the rights of women to take decisions regarding their own bodies.

The MTP (amendment) 2021, has come as a breath of fresh air extending the term limit for
legal abortions to 24 weeks for certain categories of women, and removing the limit for
abortion in the presence of a significant foetal abnormality. It expands the access to safe and
legal abortion services on therapeutic, eugenic, humanitarian and social grounds to ensure
universal access to comprehensive care. The amendments were approved by Parliament and
the President of India, and have become law as of March 25, 2021 which came into force
with effect from September 24, 2021.

The amendment seeks to amend the Medical Termination of Pregnancy (MTP) Act, 1971.
This Act covers abortions in India. It had been amended in 1975 and 2002. Before the
enactment of this legislation, abortion was prohibited under Section 312 of the Indian Penal
Code.

According to this MTP Act, 1971, a pregnancy may be medically terminated by a registered
medical practitioner:

A. Where the length of the pregnancy does not exceed twelve weeks (for this, the
opinion of one doctor was required).
B. Where the length of the pregnancy has exceeded twelve weeks but does not
exceed 20 weeks. In this case, for the abortion to take place, two doctors must be

Page | 4
of the opinion that the continuation of the pregnancy would impair the mental
and/or physical health of the mother, and/or that if the child were to be born, it
would suffer from serious physical or mental abnormalities causing it to be
handicapped.
C. The law also required minor pregnant women to get written consent from the
guardian for the abortion to be allowed.

Key Provisions of the MTP Amendment Act, 2021:

A. Termination due to Failure of Contraceptive Method or Device:


 Under the Act, a pregnancy may be terminated up to 20 weeks by a married
woman in the case of failure of contraceptive method or device. It allows
unmarried women to also terminate a pregnancy for this reason
B. Opinion Needed for Termination of Pregnancy:
 The Bill permits abortion to be allowed up to 20 weeks on the opinion of just
one medical practitioner.
 To terminate pregnancies between 20 and 24 weeks, the opinion of two doctors
are required. This extension of the gestation period up to 24 weeks is given for
special categories of women such as rape/incest victims, differently-abled
women and minors.
 For abortions beyond 24 weeks, a state-level Medical Board will decide if it can
be permitted, in case of substantial foetal abnormalities.

o The Board will consist of a gynaecologist, a paediatrician, a radiologist or


sonographer and any other number of members as notified by the state
government.
 Only doctors with specialisation in gynaecology/obstetrics can perform abortions.

c. Confidentiality:

 According to the Bill, the “name and other particulars of a woman whose
pregnancy has been terminated shall not be revealed”, except to a person
authorised by law.
d. Upper Gestation Limit for Special Categories:

Page | 5
 Increases the upper gestation limit from 20 to 24 weeks for special
categories of women, including survivors of rape, victims of incest and other
vulnerable women (differently abled women, minors, among others)

*Gestation is the foetal development period from the time of conception until birth.

 In cases where abortions are desired to terminate pregnancies arising out of


rape or for substantial foetus abnormalities, where the gestation period
exceeds 24 weeks, the only manner would be through a writ petition.

Significance of the amendment

The amendments will increase the ambit and access of women to safe abortion services and
will ensure dignity, autonomy, confidentiality and justice for women who need to terminate
pregnancy. Many foetal abnormalities are detected only after the twentieth week of
pregnancy. The new provisions would cater to such cases. The amended law would allow
rape victims, disabled and minor women to abort unwanted pregnancies safely and legally.
Allowing unmarried women, the right to legally terminate an unwanted pregnancy with a
provision to protect her identity will confer reproductive rights to women.

Although there has been certain concern raised around this amendment but the question of
abortion needs to be decided on the basis of human rights, the principles of solid science,
and in step with advancements in technology. Since it has now become an act, one can be
assured that the country is on the road to advancement, addressing women issues more
fiercely than ever.

2. The Information Technology (IT) Rules, 2021

Ministry of Electronics and Information Technology (MeitY+) recently released a new set of
rules for Intermediaries and Digital Content Providers by exercising their powers under sub-
section (1), clauses (z) and (zg) of sub-section (2) of section 87 of the Information
Technology Act, 2000 (21 of 2000). These new rules are named as Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and are said to
supersede The Information Technology (Intermediaries Guidelines) Rules, 2011. However,
Page | 6
this supersession will not act retrospectively against the actions already taken on the basis of
these rules. These rules can broadly be divided into two parts, the first talks about the
intermediaries which include the rules with regard to social media intermediaries, messaging
apps etc and the second part talk about the rules with digital media which included the online
content providers and news and current affair providers.

 The Rules aim to provide a robust complaint mechanism for the users of social media
and over-the-top (OTT) platforms to address their grievances.

 They place special emphasis on the protection of women and children from sexual
offences on social media.

 The rules stress the point that online content publishers and social media
intermediaries should follow the Constitution of the country and subject themselves to
domestic laws.

 With these rules, India joins other international regimes that have provisions for
digital media regulation and provides a comprehensive mechanism for the protection
of digital media consumers.

Background

In 2018, the Supreme Court had observed that the Indian Government may frame necessary
guidelines to eradicate child pornography, rape and gangrape imageries, videos and sites in
content hosting platforms and other applications.

In 2020, an Ad-hoc committee of the Rajya Sabha submitted its report on the issue of social
media pornography and its effect on children and society as a whole. The report
recommended tracing the originator of such content. Same year, the GOI also brought OTT
platforms under the ambit of the Information and Broadcasting Ministry.

New Guidelines for Social Media Intermediaries


The new rules classify social media intermediaries into two categories:

1. Social media intermediaries


2. Significant social media intermediaries

Page | 7
The above classification is based on the user size and once it has been defined through the
notification of the Government, it would act as the threshold between the two. This is because
there are additional compliance measures for significant social media intermediaries given
the large number of users and the volume of content they process.

What are internet intermediaries?

Internet intermediaries can be described as entities that facilitate access to the internet or
services on the internet (Association Progressive Communications 2014). For example,
internet service providers, social media networks, search engines, etc. Generally, the
intermediaries adopt a passive approach to the content they provide or host (unlike book
publishers). Since they generally do not have editorial control over the content, countries are
encouraged to enact safe harbour protections which offer immunity to intermediaries from
criminal liability. In India, the safe harbour provisions have been defined under Section 79 of
the IT Act.

A. Due Diligence to be Followed by Intermediaries:


 In case, due diligence is not followed by the intermediary, safe harbour
provisions will not apply to them.

 The safe harbour provisions have been defined under Section 79 of the IT
Act, and protect social media intermediaries by giving them immunity from
legal prosecution for any content posted on their platforms.

B. Grievance Redressal Mechanism is Mandatory:

 Intermediaries shall appoint a Grievance Officer to deal with complaints and


share the name and contact details of such officers.

 Grievance Officer shall acknowledge the complaint within twenty-four


hours and resolve it within fifteen days from its receipt.

C. Ensuring Online Safety and Dignity of Users:

 Intermediaries shall remove or disable access within 24 hours of receipt of


complaints of contents that exposes the private areas of individuals, show
such individuals in full or partial nudity or in sexual act or is in the nature of
impersonation including morphed images etc.

Page | 8
 Such a complaint can be filed either by the individual or by any other
person on his/her behalf.

D. Additional Due Diligence for the Significant Social Media Intermediaries:

 Appointments: Need to appoint Chief Compliance Officer, a Nodal Contact


Person and a Resident Grievance Officer, all of whom should be resident in
India.

 Compliance Report: Need to publish a monthly compliance report


mentioning the details of complaints received and action taken on the
complaints as well as details of contents removed proactively.

E. Enabling Identity of the Originator:

 Significant social media intermediaries providing services primarily in


the nature of messaging shall enable identification of the first
originator of the information.

 Required only for the purposes of prevention, detection, investigation,


prosecution or punishment of an offence related to sovereignty and
integrity of India, the security of the State, friendly relations with
foreign States, or public order,

 Or of incitement to an offence relating to the above or in relation with


rape, sexually explicit material or child sexual abuse material
punishable with imprisonment for a term of not less than five years.

F. Removal of Unlawful Information:

 An intermediary upon receiving actual knowledge in the form of an order by


a court or being notified by the Appropriate Govt. or its agencies through
authorized officer should not host or publish any information which is
prohibited under any law in relation to the interest of the sovereignty and
integrity of India, public order, friendly relations with foreign countries etc.

Rules for News Publishers and OTT Platforms and Digital Media

A. Over-the-top (OTT) Platforms

Page | 9
 The new rules call OTT platforms ‘publishers of online curated content’.

 They would have to self-classify the content into five categories based on
age.

i. U (Universal)

ii. U/A 7+

iii. U/A 13+

iv. U/A 16+

v. A (Adult)

 OTT platforms would be required to provide parental lock systems for


content classified U/A 13+ or higher, and have age verification mechanism
for content classified as ‘Adult’.

 The rating for the content should be prominently displayed before the
programme starts so that users can make informed decisions based on
suitability. Along with the rating, the content’s description should also be
provided with a viewer discretion message if applicable.

B. For Publishers of News on Digital Media


 They would be required to observe Norms of Journalistic Conduct of
the Press Council of India and the Programme Code under the Cable
Television Networks Regulation Act 1995 thereby providing a level playing
field between the offline (Print, TV) and digital media.

Grievance redressal mechanism: A three-level grievance redressal mechanism has been


mandated with different levels of self-regulation. They are:

A. Level-I: Self-regulation by the publishers

 Publisher should appoint a Grievance Redressal Officer who is a resident of


India.

 This officer should take his/her decision on complaints within 15 days.

B. Level-II: Self-regulation by the self-regulating bodies of the publishers

Page | 10
 The self-regulating bodies of the publishers should register themselves with
the Ministry of Information & Broadcasting.

 One publisher can have more than one self-regulating bodies.

 Such bodies would be headed by a retired judge of the Supreme Court, a High
Court, or an eminent independent person and shall not have more than six
members.

 This body should oversee that the publisher adheres to the Code of Ethics.

 The body will also address grievances that are not resolved within 15 days by
the publisher.

C. Level-III: Oversight mechanism

 An oversight mechanism will be framed by the Information and Broadcasting


Ministry.
 It shall publish a charter for self-regulating bodies, including Codes of
Practices.
 It shall also establish an Inter-Departmental Committee for hearing
grievances.

3. Welcome mindset shift: Women to get permanent commission in armed forces, inducted
in NDA

For a long time, the golden thread of rights guaranteed by the Constitution of India via
Articles 14, 15, 16, 19 and 21 went compromised in the face of longstanding patriarchal
notions that permeated the Armed Forces. At several occasions in the past, when officials
from the Indian Armed Forces were asked about inducting women into combat roles, the
resistance exuded a sense of deep-rooted gender bias. This resistance came at a huge
opportunity cost for women officers demonstrating merit.

However, in a historic ruling passed in February last year, the Supreme Court held that
Short Service Commission (SSC) women officers are entitled to Permanent Commission
(PC) on par with their male counterparts.

Page | 11
More recently, in August this year, the Court passed an interim order allowing women to
take the National Defence Academy (NDA) exam, thereby permitting entry to women in
combat roles in the forces.

The Supreme Court, also said that it would consider another petition seeking entry of
female students to Sainik Schools and the Indian Military College since it is closely
linked to admission to NDA. Being a 99-year-old institution, the Rashtriya Indian
Military College, the Court stated, ought to complete 100 years with gender neutrality. To
this, the Centre stated that a study group has been constituted by the defence services to
formulate a curriculum for women cadets at the NDA and a Board of Officers has been
convened to frame a futuristic proposal for training women cadets at NDA.

Page | 12
Chapter 1

Maintenance under Section 125 of CrPC

Section 125 of Criminal Procedure Code specifies the right to maintenance of the parents,
children and wife and other provisions regarding the same. The section provides that when
any person neglects to maintain his wife, children or parents they can claim maintenance by
filing the application to the Magistrate. The Magistrate will bind that person with such
monthly rate as he thinks fit. The whole motive of incorporating this section under CrPC is to
protect the deemed vulnerable classes of the hierarchy chain and to maintain their interest.

125. Order for maintenance of wives, children and parents.


(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain
itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained
majority, where such child is, by reason of any physical or mental abnormality or injury
unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first
class may, upon proof of such neglect or refusal, order such person to make a monthly
allowance for the maintenance of his wife or such child, father or mother, at such monthly
rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay
the same to such person as the Magistrate may from time to time direct: Provided that the
Magistrate may order the father of a minor female child referred to in clause (b) to make such
allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such
minor female child, if married, is not possessed of sufficient means.

Explanation- For the purposes of this Chapter:


(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of
1875); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.

Page | 13
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the
date of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such
Magistrate may, for every breach of the order, issue a warrant for levying the amount due in
the manner provided for levying fines, and may sentence such person, for the whole or any
part of each month' s allowances remaining unpaid after the execution of the warrant, to
imprisonment for a term which may extend to one month or until payment if sooner made.

Case 1

In the matter of-


Sonam bagga…… …………………….Petitioner

Chetan bagga………………………...Respondent

Facts –
The petitioner, Sonam Bagga was married to Chetan Bagga (respondent). After few years of
dispute, irrevocable damages arose in their marriage. Following which, the petitioner left her
matrimonial house and filed a petition seeking maintenance u/s 125 of CrPC.
Order –
Family court has passed the order of maintenance of sum of Rs 8500 /monthly to the
petitioner.
Status as of now-
The respondent has still not cleared the outstanding amount.
The case was fixed for clear the outstanding maintenance amount but due to non-appearance
on behalf of the defendant either physical are virtual mode. Court has issued notice to the
respondent.
Last date of Hearing: 21/08/2021

Next date of Hearing: 20/12/2021

Page | 14
Chapter 2

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985

The law in the country against the use, manufacture, purchase and sale of narcotic substances
is called the Narcotic Drugs and Psychotropic Substances Act, 1985. It is called NDPS Act in
short. Under this there are 2 types of intoxicants – Narcotic and Psychotropic. The production
of some is also necessary for medical needs or other work, but they have to be closely
monitored, otherwise people may become addicted to drugs. The NDPS Act has been made
for this control. It has been amended thrice so far in 1988, 2001 and 2014.

Under the NDPS Act, the central government issues a list of banned drugs, which is also
updated from time to time on the advice of the state governments.

 Narcotic drugs mean sleep-inducing drugs, which are natural or made from natural
substances. Like charas, ganja, opium, heroin, cocaine, morphine etc. come under
this.

 Psychotropic means that drugs affecting the brain, which are chemical based or which
are prepared by mixing two or three types of chemicals. Ex- LSD, MMDA,
Alprazolam etc. Some of these drugs are also life-saving, but if taken in excess
without medical advice, its intoxication can be dangerous.
20. Punishment for contravention in relation to cannabis plant and cannabis.
 Whoever, in contravention of any provisions of this Act or any rule or order made or
condition of licence granted thereunder,
(a) cultivates any cannabis plant; or
(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State,
exports inter-State or uses cannabis, shall be punishable
(i) where such contravention relates to clause (a) with rigorous imprisonment for a
term which may extend to ten years and shall also be liable to fine which may extend
to one lakh rupees; and
(ii) Where such contravention relates to sub-clause (b)

Page | 15
(A) and involves small quantity, with rigorous imprisonment for a term which
may extend to six months, or with fine, which may extend to ten thousand rupees, or
with both;
(B) and involves quantity lesser than commercial quantity but greater than small
quantity, with rigorous imprisonment for a term which may extend to ten years and
with fine which may extend to one lakh rupees;
(C) and involves commercial quantity, with rigorous imprisonment for a term
which shall not be less than ten years but which may extend to twenty years and shall
also be liable to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees: Provided that the court may, for reasons to be recorded in
the judgment, impose a fine exceeding two lakh rupees.

Case 2

In the matter of-

State………………………Prosecution
V
Jaipal Yadav & 0rs………...Defence

Facts-
The accused was carrying 800kg of ganja from Andhra Pradesh to Delhi. On information of
agent, Delhi police has arrested the accused and charges has been framed.
Status as of now-
This case is pending in the court. The matter was listed for argument on charge dated
29.10.2021 but service to the accused Jai Pal Yadav was not produced from jail as well as
Saleem Mansuri who was on interim bail not surrendered as per report from Tihar Jail. Court
has issued production warrant against Jai Pal Yadav for next date of hearing as well as non
bailable warrants against others.
Last Date of Hearing: 29/08/2021

Next date of Hearing: 03.12.2021

Page | 16
Chapter 3
Dishonour of cheque under Negotiable Instrument Act, 1881

Negotiable Instruments Act 1881 regulates the different types of negotiable instruments like
Promissory notes, Bills of Exchange and Cheques. According to Sec. 13 of the Act,
negotiable instrument means ‘a Promissory Note, Bills of Exchange or Cheque payable either
to order or to bearer’. A negotiable instrument is a kind of document that guarantees its
bearer a sum of money to be payable on demand or at any future date Thus, Negotiable
Instrument in simple terms means any written document which is transferable on delivery.

Dishonour of cheque not only causes injury and inconvenience to the payee but also effects
credibility of business transactions involved therein. The cheque is a negotiable instrument
drawn on a specified banker and not expressed to be payable otherwise on demand. Section 6
of the NI Act makes it clear that this definition of a cheque includes an electronic image of a
truncated cheque and a cheque in electronic form.
Section 138 of the Negotiable Instruments Act,1881 is the principal Section dealing with
dishonour of cheques It is a unique provision with a blend of both civil and criminal
law. Concerning the dishonour of cheque, the criminal proceedings against the accused is a
recent addition; before this, there were only civil and alternate dispute resolution available to
the drawee. The main objective of introduction of this section was to encourage the use of
cheques and increasing the credibility of transactions through cheques by making the
dishonouring of the cheques as an offence.
138 Dishonour of cheque for insufficiency, etc., of funds in the account.
 Where any cheque drawn by a person on an account maintained by him with a banker for
payment of any amount of money to another person from out of that account for the
discharge, in whole or in part, of any debt or other liability, is returned by the bank
unpaid, either because of the amount of money standing to the credit of that account is
insufficient to honour the cheque or that it exceeds the amount arranged to be paid from
that account by an agreement made with that bank, such person shall be deemed to have
committed an offence and shall, without prejudice to any other provisions of this Act, be
punished with imprisonment for [a term which may be extended to two years], or with
fine which may extend to twice the amount of the cheque, or with both
- Provided that nothing contained in this section shall apply unless:

Page | 17
(a) the cheque has been presented to the bank within a period of six months from the date
on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a
demand for the payment of the said amount of money by giving a notice in writing, to the
drawer of the cheque, [within thirty days] of the receipt of information by him from the bank
regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to
the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days
of the receipt of the said notice.
Explanation— For the purposes of this section, “debt or other liability” means a legally
enforceable debt or other liability.
Case 3

In the matter of -

Vishnu Pandey…………….....Complainant
V
Kahali Ramesh Bhai………….Respondent

Facts –

The complainant, Vishnu Pandey had given sum of 50k to Ramesh Bhai (respondent) as debt
for the renovation of respondent’s house. After while when the complainant asked for return
of his debts, the respondent issued a cheque of same in favour of the complainant. Soon after
complainant submitted the check to the bank as instructed by the accused, realizing that the
check was dishonoured.

Status of the case

The case was fixed for the appearance of the accused but due to the non-appearance of the
accused, the matter is adjourned for again appearance of the accused after filing PF/RC with
the 7 days from dated of receiving matter posted.

Last Date of Hearing: 19/08/2021


Next date of Hearing: 17/12/2021

Page | 18
Conclusion
In a nutshell, this internship has been an enriching learning experience. Needless to say,
that the technical aspect of the law is something I am still not aware of for which I am
ascertained to do proper offline internship in proceeding times. As someone with no prior
experience with interning whatsoever I believe my four weeks’ time spent in research and
discovering in this online internship was well worth it and will contribute to my academics
further. Two main things that I’ve learned the importance of a decisive research,
researching with a more precise and articulative manner as well as reading exhaustively
and between the lines.

Page | 19

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