Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by testimony of DW2, which fact..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque in question not issued towards any consideration or to clear of any debt or liability - Ingredients of offence u/s 138 of the Act are lacking - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Direction to deposit 30% of compensation awarded by trial Court as condition for suspension of sentence - As per the record rounding of amount under cheques involved in complaints, virtually,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dispensing of cross-examination of complainant - Petitioner being accused of offence, for which she can suffer even imprisonment, therefore, lest the petitioner should have any impression, though totally misconceived that she has been denied due opportunity to defend herself, it would not be unjustified..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - Undisputedly, there is no document of friendly loan - Even, complainant failed to prove any special relationship to prove that he advanced sum as averred without executing any document - Moreover, accused was only a marginal witness of agreement to sell executed between one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant miserably failed to prove that cheque was issued in discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and same cannot be allowed to be bypassed in a casual and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove even a single document so as to satisfy the Court that any loan agreement entered into between company and accused - Even in affidavits given by Company`s authorized witnesses, there is no reference of any loan agreement - Complaint did not reflect as to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Guarantor - Loan transaction - Accused stood as guarantor for repaying loan taken by co-accused - No evidence on record that accused handed over cheque in question for clearing dues of his father towards complainant Firm - Surety bond which accused gave to complainant does not mention number of cheque -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Legally enforceable debt - Loan transaction - Accused resident of Pune and complainant resident of Pali - There is no reason as to why accused would travel all the way down to Pali for taking loan of a sum of Rs.1,60,000 from person with whom, he had no connection whatsoever - Complainant is an..........
