Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failed to prove the existence of enforceable debt of cheque amount - Mere fact that liability of the lesser amount was admitted does not enhance the case of complainant for convicting accused for dishonouring of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Judgment of Civil Court is binding on Criminal Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Important link missing in evidence to connect cheque with that of a legally enforceable debt pertaining to the chit transaction - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - However, complainant faulted in cross-examination and admitted that accused was not known to her and they had no previous dealing - Defence taken by accused regarding misuse of cheque was substantiated by DW1 - On shifting the onus complainant miserably failed to produce evidence with..........
Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 45 -- Promissory note - Signatures denied and a plea taken that it was forged - Expert who examined as DW3 stated that case is of imitation forgery or simulated forgery and in his opinion, one requires to go through a model signature in case of simulated forgery - Evidence of PWs 1 to 4 is reliable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Cheque issued on 28.04.2017 towards partial discharge of debt against execution of promissory note - In the promissory note accused had agreed to repay the amount within December, 2016 - Period of Limitation to recover the amount of three years begin to run when fixed time..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Court can suspend sentence during pendency of appeal without deposit of 20% of amount of fine/compensation in an exceptional case - If Appellate Court comes to conclusion that it is an exceptional case and that imposing condition to deposit of 20% amount..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence without imposing condition of deposit of 20% of compensation amount without there being a plea by accused - When an accused seeks a blanket order of suspension of sentence then Court has to consider whether the case falls in..........
