Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank slip - Prima facie evidence of facts...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court misdirected itself by mixing up all three conditions and not going into merit of the case - It failed to appreciate that S.146 of the Act specifically stipulates that bank slip is prima facie evidence - Even, DW1 categorically admitted the fact that legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is not the requirement of law that accused should ask complainant/prosecutor to produce a particular document to prove charges against him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legal liability - Loan transaction - Non-production of material document/account books of business goes against accused to rebut his contentions about advancement of loan to accused and support his contentions that cheque in question was given as security cheque to complainant himself, a commission..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Partnership Firm - Cheque issued in the name of Partnership Firm - Cheque dishonored - No Statutory notice was given to Partnership Firm and even Partnership Firm was not made as an accused in complaint - Only partners were shown as accused in complaint - Complaint held, not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by u, registered Partnership Firm - Applicability of bar u/s 69(2) of Partnership Act - Action u/s 138 of the Act is not a suit to enforce a right arising out of a contract - S.138 of the Act is a penal provision - Bar u/s 69(2) of Partnership Act does not operate in such criminal prosecutions...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Partnership Firm - Registration or no, registration of Partnership Firm will have no bearing insofar as S.141 of the Act is concerned...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Complainant directed to produce on record documents of his handwriting written by him in the year 2013 - Complaint is pending since 2013 - Court has already made efforts to obtain FSL report and on sending admitted handwriting of complainant for FSL - There is thus,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Leave to appeal against acquittal - Appellate Court failed to appreciate that there was no proper defence in the light of the fact that amount was received by accused and he had issued a cheque in favour of complainant - Even, in statement u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Deliberate delay of proceedings by accused - Trial Court directed to expedite the trial - Directions issued...........
