Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Authorisation to file complaint - Photocopy of general power of attorney in favour of CW1 depicts that he was authorised to institute suits, to appear and to take action on behalf of complainant along with all authorization - Said power of attorney is prior to filing of complaint - Thus merely because..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 251 -- Dishonour of cheques - Three cases - Same parties - Clubbing of cases - S.219 Cr.P.C. applies only to warrant cases and not to summons cases where no charges are framed - In case no charges are framed then there is no requirement for clubbing of the cases - Dismissal of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Voice sample - Comparison of voice recorded in mobile phone - No formal document reduced into writing - Recording of mobile phone very basis to succeed in the complaint - Application to take voice sample for analysis by CFSL allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.13.50 lakhs by a pensioner - Fact that complainant was a pensioner cannot be a ground for presuming that he did not have the capacity to make the loan payment - Some part of this loan was paid through cheques - Some amount paid in cash proved to be withdrawn from bank account - Evidence on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques of same series issued at a gap of three years - Merely because two cheques of same series have been issued on two dates at a gap of three years, itself does not make story of complainant as improbable...........
Evidence Act, 1872, Section 138 -- Cross-examination - Irrelevant question or question not intended to contradict or qualify statements in examinatio, i, chief or which do not impeach credit of a witness, cannot be allowed in cross-examination...........
Evidence Act, 1872, Section 138, 65B -- Cross-examination - Deferred - Case fixed for recording evidence of PW - Cross-examination of material witness deferred on request of defence counsel on the ground that application for summoning of call details of said witness has been filed - Impugned order set aside, as petitioner denied opportunity of cross-examination - Direction..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was issued for some other..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of two cheques - Presumption - Accused issued a Pronote for amount covered by cheques which states that it was being issued for loan - Defendant admitted that cheques and Pronote were signed by him - Defence taken by defendant that he allegedly issued 10 blank cheques in 1995 for repayment of loan, not..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/s 118, 139 of the Act - To seek favour of presumptions u/ss 118 139 of N.I.Act, a party has to first necessarily prove foundational facts in support of its complaint...........
