Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced friendly loan of Rs.11,30,000/- to accused - However, there is no evidence that complainant has capacity to advance Rs.11,30,000/- or that amount is shown in Income Tax Return - Even, accused stated that complainant misused cheque which he gave..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Cross examination - Once accused takes a particular line of defence in the notice u/s 251 cr.P.C., it is expected that cross examination would be on the same line...........
Evidence Act, 1872, Section 138, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross examination - Deferred - Defence of repayment of loan - Complainant directed to produce Income Tax Returns - Further cross examination has to be based on its relevancy part only - Accused does not have liberty to further cross examine complainant to frustrate the..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 227, 482 -- Dishonour of cheque - Offence by company - Admittedly, resignation of accused was accepted by company and resolution was passed by company - However, forwarding of Form No.32 by accused to Registrar of Companies will be matter of trial - Therefore, Court cannot enter into..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque book from which cheque has been issued belongs to another firm - Even if it is taken that cheque has been drawn by accused, it was not drawn from the account of accused - One necessary ingredient u/s 138 of the Act held, missing - Moreover, record shows that neither..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque signed by no, account holder - There is nothing on record that accused is the same person in whose name cheque book was issued, which means that even if it is taken that this cheque had been drawn by the accused, even then it was not drawn from the account of the..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post at correct address - There is presumption of service of notice - However, such presumption is rebuttable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Reminder notice - No bar to send a reminder notice - Usually such notice cannot be construed as an admission of non service of the first notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice is presumed when notice is sent by registered post is returned with postal endorsement `refused' or `not available in the house' or `house locked' or `shop closed' or `addressee not in station'...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Capacity to advance loan - In the instant case, complainant secured loan amount of Rs.2 lakhs from one person and handed over to accused - However, there is no evidence that said person had capacity to advance Rs.2 lakhs or that..........
