Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Age of accused is 61 years and out of seven cheques which were issued, six cheques were honoured and only one cheque amounting to Rs.35,000/- had bounced - Accused had already remained in custody for a period of more than 01 month out of his sentence for six months and about 21 years has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - All transactions have taken place at Bijapur - No doubt, accused is residing at Bagalkot and the same will not confer any jurisdiction - Moreover, merely because accused is having corporation bank account at Bagalkot, the same will not confer any jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order refusing consolidation - Out of 19 cases, in two cases there is one complainant and other 17 cases, complainants are different - Cheque in question are also different - Merely because petitioner is accused in all cases and complainants have..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay of 9 days in filing complaint - Petitioners who is authorised signatory of company, could not file complaint within stipulated time, as he had to go out of station, during which period, he also suffered from jaundice and said factors ought to have been considered by trial..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200, 202, 482 -- Dishonour of cheque - An accused can be summoned on the basis of affidavit filed on behalf of complainant - There is no need to record statements u/s 200 and 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - When a cheque is drawn out and is relied upon by drawee, it will raise a presumption that it is drawn towards a consideration which is a legally recoverable amount - Such presumption is rebuttable by proving to contrary - Onus is on accused to raise a probable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence of accused is that cheque and documents obtained by complainant by threatening accused - Case against complainant is also filed by accused in which complainant is acquitted - Defence sought by accused and witnesses examined are only by way of improvement in respect of same cause of action, thus..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It cannot be said that accused issued cheque in question in discharge of his legally enforceable debt or liability - Even, complainant failed to establish his case and therefore, there is no illegality committed by trial Court in acquitting accused - Accused rightly acquitted...........
