Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Presumption u/s 139 of the Act - Complainant shown his capacity to advance hand loan of Rs.80,000 to accused - Factum of giving loan stands established from complaint and deposition of complainant - Complainant thus, proved beyond reasonable doubt that disputed cheque was issued by..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction u/s 138 of the Act - Payment of compensation - Awarding jail sentence to accused may not be in interest of justice - Payment of compensation u/s 357 Cr.P.C to complainant would be in interest of justice - Directions issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Plea of repayment of loan - Oral evidence not sufficient to prove the plea of discharge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jail sentence is not mandatory in an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is duty of accused before Court by adducing evidence to show that cheque was not supported by consideration and that there was no debt or liability to be discharged as alleged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unless contrary is proved, it is presumed that holder of a cheque received cheque of nature referred to in S.138 of the Act for discharge in whole or in part of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant stated that accused borrowed money from him and cheques issued for discharge of debt - Oral evidence adduced by DW1 is not sufficient to prove plea of discharge advanced by him - Accused failed to prove in trial by leading cogent evidence that there was no debt or liability - Burden upon..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Presumption - Notice - Once notice is dispatched to correct address, presumption u/s 114 of Evidence Act and S.27 of General Clauses Act is that notice was served...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque and cheque pertaining to accused account was admitted, then complainant entitled to presumption u/ss 118, 139 of the Act to effect that cheque was issued for discharge of debt or liability...........
