Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant was an illiterate lady and accused was an educated person - PW1 spoken about lending of money and presentation of cheque - Duty is thus, cast upon accused to establish how his personal cheque went to the hands of complainant - No explanation is forthcoming from accused - Neither accused..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant stated that accused borrowed Rs.25,000 from him due to personal relation - However, accused did not enter into witness box and not denied by adducing evidence of himself that he has not borrowed money from complainant - Presumption u/s 139 of the Act will survive - Version..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Money lender - Proof of registration as money lender not required where money advanced is as a friendly loan and not in money lending business - Order dismissing complaint by holding that Money Lender Licence under Money Lenders Act is necessary for entering loan transaction set aside and matter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Merely advancing loan to three or four persons does not lead to inference that complainant is carrying on activity of money lending as a business - Moreover complainant expressly denied that he had given any loan on interest to public persons...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that complainant was not holding a licence to lend money - Plea held, not sustainable under law as when complainant is lending loan to his friend, which is hand loan without charging any interest that cannot be considered that he is doing money lending business, for which he should hold..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Examination of power of attorney as witness - It is not essential that complainant himself to be examined to prove a case u/s 138 of the Act - However, power of attorney who is examined as a witness in place of complainant, should have witness issuance of cheque and money..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
