Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Friendly loan of Rs.2.50 lakhs - Failure to show source of income - Even no document reduced into writing for advancement of such a huge amount nor any interest was chargeable on said amount - Complainant failed to prove its case by leading cogent and sufficient evidence - Accused on the other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards goods sold by complainant to accused - However, complainant failed to lead any evidence whatsoever to establish the supply of goods to accused of the amount in question - He did not file on record any bill, voucher or invoice to show that goods were sold by complainant to accused..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Disputed signatures - Determination of age of ink - Application for expert opinion filed at belated stage - Accused never came up with any specific defence until his statement u/s 313 Cr.P.C. was recorded - More so, accused has already been given..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has nothing to do with criminal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Appeal against acquittal - Condonation of delay - Delay of 138 days in filing appeal - No cogent reason mentioned in application for condonation of delay - Complainant failed to show any error in law or on facts on basis of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of pay order - Pay order issued by Bank to discharge its liability whether comes within the definition of `cheque' - Said question left open for consideration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of pay order - Complaint against Bank and its Branch manager - Proceedings against Bank already dropped - In such a situation, complaint against Branch manager cannot be proceeded - Moreover, in the absence of necessary details as regards the property based on which the transaction was entered into between the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount paid on promise of procuring a job - Promise could not be fulfilled - On demand cheque issued - Not an unenforceable debt - Once cheque is issued, in discharge of amount obtained illegally, law does not prohibit prosecution for an offence u/s 138 of the Act, if other conditions are satisfied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Defective notice - Name of Bank mentioned wrong - Not fatal unless it is proved by accused that there was some other transaction between accused and complainant and there were other cheques also given and defect in the name of bank or number of cheque shown has caused prejudice to him so as to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that cheque was given to one `N' and it was obtained from him by force and present complaint was filed - `N' not examined - Held, Courts below were justified in coming to the conclusion that accused had issued cheque in discharge of an amount legally due from the accused to the complainant...........
