Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Transaction in question alleged to have taken place in the year 2007 - Accused had become financially poor, lost his business and struck with poverty - Period of sentence imposed on accused i.e 1 year S.I is thus, modified to 6 months S.I with fine of Rs.5000/- in default of 1 month S.I...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Works contract - Cheque of Rs.10 lakhs issued towards part payment of Rs.83.90 lakhs - Cheque returned on technical grounds - Cheque amount transferred through RTGS on the same day - No material placed on record that an amount of Rs.83.90 lakhs was due for payment and cheque was re-presented towards..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Accused is voluntarily ready to pay amount of Rs.3.30 lakhs to complainant - Sentence of accused suspended till final disposal of revision...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Merely suggesting to complainant that cheque was given as security is not sufficient to rebut statutory presumption which is in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship firm - Burden to prove that it is a proprietorship firm lies on the complainant - Use of word `M/s' may also lead to an inference that it is a partnership firm - On the other hand, claim of complainant that it is a proprietorship firm not denied by accused - In such circumstances, it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once it is proved that offence has been committed, Court is under obligation to impose appropriate sentence to accused person...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Authorship of handwriting - Authorship of handwriting is irrelevant when issuance of duly signed cheque voluntarily given is admitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Refusal to grant further adjournment in favour of accused to adduce evidence of defence witnesses - Accused should not be allowed to unnecessarily protract trial or request the Court to issue summons to witnesses whose evidence would not at all be relevant for deciding the case - In such situation trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Misuse of cheque - Defence substantiated that there was tampering with the cheque as word `fifty' was not legible - Accused rightly acquitted...........
