Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of discharge of loan but specific dates when loan was discharged not given - Accused did not explain as to under what situation and circumstances the cheque on presentation was dishonoured - Acquittal set aside - Accused sentenced to undergo SI for one month...........
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Complaint u/s 138 of the Act - Appeal against acquittal - Presumption - As per complainant, he advanced money to accused and filed complaint against him on account of dishonour of cheque - Complainant failed to show any income and expenditure record available with him -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4)-- Dishonour of cheque - Acquittal - Appeal - Lies in the High Court if special leave for such appeal is granted u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced friendly loan of Rs.11,30,000/- to accused - However, there is no evidence that complainant has capacity to advance Rs.11,30,000/- or that amount is shown in Income Tax Return - Even, accused stated that complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397-- Dishonour of cheque - Dismissal of complaint in default - Acquittal of accused - Revision against order of acquittal is not maintainable, as only remedy available to complainant is to prefer an appeal u/s 378(4) Cr.P.C...........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI Act in relation to dishonour of cheque which formed the basis of..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute offences u/s 406/420 IPC may have been laid out, it does not follow..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138 of Negotiable Instrument Act, and even if he is taken to have been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374, 378, 372-- Dishonour of cheque - Appeal against acquittal - Complainant can approach High Court taking recourse to provision of S.378(4) of Cr.P.C. - Appeal preferred by complainant before Sessions Judge taking recourse to proviso to S.372 of Cr.P.C. will not be maintainable - But, if victim is different..........
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Appeal against acquittal - There is no evidence that complainant advanced amount to accused and accused indebted to complainant for said amount - Moreover, as per complainant, accused executed promissory note but there is no such promissory note on record to..........