Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellant/complainant neither made a full disclosure of all the facts in its complaint nor he produced any document to show that payment of Rs.1,75,000/- by respondent/accused was against some other transaction - Appellant also failed to establish that respondent is under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Case of complainant that cheque issued by accused in respect of delivery of goods got dishonoured - Defence of accused that cheque in question was issued as security - Letters relied on and produced on record by complainant are sufficient to prove that accused had not issued said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant lent money on 19.11.2003 and received cheque on 19.01.2004 - Complainant did not prove that he had sufficient means to lend the loan amount - No loan document executed - Lending money without executing loan document is not acceptable - No evidence whether any interest was received or not..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Acquittal - Validity - Case of complainant that cheque issued by accused to repay borrowed amount was dishonoured - Cheques were obtained through intervention of police - Held, no reliance could be placed upon genuineness of case of complainant - Cheque is not supported by consideration and..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Condonation of - Held, condonation of delay is within discretion of Court and when sufficient cause is shown and delay deserves to be condoned, Court can condone delay - In present case, delay of hardly four days caused - Complainant is a bank and cheque amount was more..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Transfer of complaint - Both complainant as well as accused reside in district of Keonjhar - Alleged loan in cash was given by complainant to accused at Keonjhar - Purported cheque given by accused to complainant was at Keonjhar..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt - Complainant alleged that accused purchased cement bags from him and cheque issued for payment of price of same was dishonoured - Complainant failed to adduce any evidence regarding sale of cement bags as averred in complaint - Suppression of material facts by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Grant of permission - Validity - Application preferred by complainant u/s.65 of Evidence Act not supported by affidavit - It did not give full particulars and was under signature of a counsel appearing for complainant - Contention on behalf of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Conviction - Validity - Case of respondent/complainant that cheques issued by petitioner/accused to re-pay loan amount got dishonoured - Defence plea of petitioner that she had lost two cheque books, all cheque leaves of which were duly signed by her - It was a false and concocted case as a large number..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Scope and purpose - To give complainant immediate relief so as to alleviate his grievance...........
