Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91, 311 -- Dishonour of cheque - An application filed by complainant u/s 311 Cr.P.C. was allowed and evidence of PW2 was recorded and bank statement was exhibited - Accused filed an application to call Bank Manager in his evidence to rebut the evidence given by complainant - Prayer of..........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Presumption - Rebuttal - Presumption which arises on signing of cheque cannot be rebutted merely by report of a hand writing expert...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Admission of handing over signed blank cheque - Handwriting expert to know as to whether cheque was filled up not by drawer but by some other person - Immaterial - Presumption which arises on the signing of cheque cannot be rebutted merely by the report of a hand-writing..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Pre-mature complaint - Not maintainable - Complainant would be at liberty to institute a fresh complaint - Complainant would be at liberty to seek the benefit of S.142 Proviso by satisfying the trial Court of sufficient cause for the delay in instituting the complaint...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - It shall be presumed unless the contrary is proved, that holder of a cheque received the cheque of the nature referred to in S.138 of the Act for discharge, in whole or in part, of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the initial burden is discharged by complainant that cheque was issued by accused and signature and issuance of cheque is not disputed by accused, in that case, the onus will shift upon accused to prove the contrary that cheque was not for any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - High Court acquitted the accused on the ground that complainant has not specifically stated the nature of transactions and source of fund - High Court did not dealt with and considered the law that presumption u/s 139 of the Act is a statutory presumption and once it is presumed that cheque is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mentioning of wrong cheque number in complaint and/or legal notice - Other factors are also required to be seen - Original cheque was placed on record and the same was exhibited - Cheque as well as signatures on cheque admitted - Mentioning of wrong cheque number in the complaint or in the legal notice..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Issuance of cheque and signatures thereon admitted - Presumption is attracted in favour of complainant - In absence of contrary evidence on behalf of accused presumption goes in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Case is of the year 2009 and 13 years have elapsed - Interest of justice would suffice if sentence of one year is modified in lieu of compensation of Rs.1 lakh over and above 9 lakhs compensation...........
