Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan against hire purchase agreement - Hire purchase agreement and statement of account relating to hire purchase transaction not produced on record - In absence of documentary proof it cannot be said that accused ever entered into hire purchase agreement with the complainant - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act raises a presumption in regard to existence of a debt - Existence of legally recoverable debt is not a matter of presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque allegedly issued by accused in respect of deal of sale of laud - Accused informed Bank about loss of cheque and lodged complaint as to cheating and forgery against complainant - There was report of police that complainant is a cheat who is facing several cases of cheating - Even drawee bank..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - No evidence on the side of appellant regarding absence of consideration - Expression of willingness to pay Rs.16,000/- and request for time to pay that amount in reply supports the case of appellant that cheque was issued towards discharge of an existing liability - Cheque was presented..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal against - Appeal rejected on ground of absence of appellant and his advocate - Notice to respondent not issued and even record from trial Court not called - Held, rejection of appeal is against the provisions of law - Impugned order set aside - Matter remitted for decision afresh in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque allegedly - Accused filed application u/s 311 of Criminal Procedure Code, with a prayer to recall complainant for cross-examination since some vital questions not put during cross-examination of complainant to enable him to put forth his defence - In the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal against - No material on record to show that cheque in question was one of the four cheques given at the time of disbursement of the loan - Accused did not lead any evidence to rebut the presumption available to complainant u/s 118 of the Act - acquittal set aside - Accused convicted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards loan advanced by a Co-operative Society - Cheque held to be issued towards time barred time under the general provisions of law whereas it was not so under the Co-operative Societies Act - Held, law of limitation under the Co-operative Societies Act is equally applicable to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - S.138 of the Act is still applicable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused 65 years of age - Seniority cannot earn immunity from imposing substantive sentence...........
