Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Plea that cheque was lost - Intimation to police dated 12.03.2010 but it reach police only in the year 2011 - Respondent No.2 admitted in his cross examination that such intimation was sent to police only in 2011 but was never converted into a formal FIR - This further raises serious..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question lost during transit - Original cheque was produced by complainant and the same was lost in transit during trial - Cheque was dishonoured for the reason `Payment stopped by drawer' and not that signature on cheque differed or that signatures were forged - Cheque now reconstructed -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant failed to give details of month and year when loan was given - Complainant apart from making bald statement that he had advanced loan miserably failed to prove existence of legally enforceable debt - Defence taken by accused that his cheque book was lost substantiated by producing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of misuse of lost cheque - Defence taken by accused was substantiated by his application to bank for lost cheque book and deposition of SMO of bank - Complainant in his complaint pleaded that he borrowed sum of Rs.3 lakhs but in cross-examination he stated that cheque was given in lieu of an..........
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, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Original cheque, original written memo and other relevant papers fell on road in transit - On the same day police complaint was lodged - While issuing process, the documents were before Magistrate - When documents were lost then necessary permission..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Transaction in question alleged to have taken place in the year 2007 - Accused had become financially poor, lost his business and struck with poverty - Period of sentence imposed on accused i.e 1 year S.I is thus, modified to 6 months S.I with fine of Rs.5000/- in default of 1 month S.I...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused took a specific plea that his cheque book was lost somewhere and cheque leafs were kept signed by him - Therefore, he had lodged an FIR - However, accused did not examine any witnesses to prove the fact that he had in fact lodged an FIR - Accused lied while taking aforesaid plea - In a criminal..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application of accused for examination of cheque through handwriting expert was dismissed - Petitioner from the very beginning contended that cheque is misused by respondent as it was lost in transit - Moreover, if accused is not granted liberty for his possible defence,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
