Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused - Accused was also absent on the particular day - Magistrate should not have resorted to axing process, particularly when accused was also not present on that date and therefore, he could very well have..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and no criminal action lie..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - As per evidence on record, complainant failed to produce any documentary evidence regarding consultancy provided by him and collaboration agreements - Even, there is no explanation for four years delay in issuance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court misdirected itself by mixing up all three conditions and not going into merit of the case - It failed to appreciate that S.146 of the Act specifically stipulates that bank slip is prima facie evidence - Even, DW1 categorically admitted the fact that legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Leave to appeal against acquittal - Appellate Court failed to appreciate that there was no proper defence in the light of the fact that amount was received by accused and he had issued a cheque in favour of complainant - Even, in statement u/s..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Non-appearance of accused - Appeal not to be decided on merits without issuing second notice to accused or High Court Legal Services Committee to appoint an advocate or High Court could have taken assistance of amicus curiae - Impugned order reversing acquittal set aside -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Examination of power of attorney as witness - It is not essential that complainant himself to be examined to prove a case u/s 138 of the Act - However, power of attorney who is examined as a witness in place of complainant, should have witness issuance of cheque and money..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Appeal against acquittal - Additional evidence at appellate stage - Complainant sought to produce income tax return and order of conviction of accused in some other cases for dishonour of cheque - Additional evidence, if considered does not improve the case of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Cheque issued against supply of goods - No receipt produced of material received - Leave to appeal declined...........
