Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business, as finance/chit company was also being run at the same address mentioned by Complainant - Complainant denied said facts - However, detailed cross-examination as to various dates on which amounts were borrowed and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Important link missing in evidence to connect cheque with that of a legally enforceable debt pertaining to the chit transaction - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Perusal of material on record it is not in dispute that signatures of accused available at cheque - As per defence of accused, complainant was running chit business and in order to prove the same no material was placed and even not examined any other subscriber of said chit to prove factum that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit for money - Amount in question paid by plaintiff for becoming member of chit Fund - There is thus, no justification for making payment in cash - Explanation by defendant that cheque given as security is clearly an eye wash - Once cheque is proved and same is dishonoured, burden shifts upon defendant to establish..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards chit transaction - Parties admitted that cheque was not issued towards any legally enforceable debt - Thus, no offence u/s 138 of the Act is made out - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Chit fund business - Settlement letter - Letter formation in the signatures quite different from that in the body of the document itself - Moreover complainant did not even aver with regard to the execution of settlement letter - Legal presumption with regard to existence of a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally recoverable debt - Cheque issued towards payment of banned chit fund business running without any license - Cheque dishonoured - Accused, held, not liable u/s 138 of the Act as said liability or debt is not legally recoverable debt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards discharge of loan liability - In reply to demand notice accused stated that cheque was given as security of a chit run by wife of complainant - Complainant not proved his capacity to make payment of loan amount Rs.6 lakhs - Transaction between wife of complainant and accused not..........
