Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.3,60,000/- without interest - Loan given in May, 2016 - Cheque of Rs.1,80,000/- towards part payment issued in July, 2019 - Presumption - Not rebutted - Merely because complainant is unable to produce documents to support existence of debt (usually in the form of a friendly loan..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Loan borrowed by father of accused on 07.03.2003 - Father died prior to filing of complaint - Accused/son agreed to repay the loan and paid Rs.10,000/- in cash on 10.06.2005 and subsequently in 2006 issued cheque to discharge liability of his father - Once the amount was..........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269(SS) -- Dishonour of cheque - Advancing loan to accused of more than Rs.20,000 in cash - Contravention of S.269(SS) of Income Tax Act does not make alleged transaction void...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Earlier loan of Rs.40,000/- remained unpaid - Second loan of Rs.1,70,000/- in cash by complainant who was admittedly a money lender is quite improbable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advancing loan of more than Rs.20,000/- in cash and thus violating S.269-SS of Income Tax Act, 1961 - Any person violating the Income Tax Act would attract imposition of penalties under the said Act - However, same does not render said debt u, enforceable or precludes the lender from recovering the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.50,000/- - Plea that amount of Rs.20,000/- and above should be given only by cheque - Cash loan of Rs.50,000/- does not lead to inference that there was no loan transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.50,000/- without obtaining a pronote - Complainant stated that he knows accused who was his neighbour and in good faith, he gave the loan of Rs.50,000/- - Loan cannot be disbelieved on the ground for not taking promissory note...........
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..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - Specific averment in complaint that accused dishonestly induced complainant that amount would be repaid and cheque issued him would be honoured on presentation and that complainant paid them the amount believing..........
Indian Penal Code, 1860, Section 420 -- Cheating - Taking cash loan and issuing a cheque - Cheque dishonoured - There was fraudulent inducement to part with the money which is specifically alleged in the complaint - Even if a person has been tried and dealt with for the offence punishable u/s 138 of Negotiable Instruments Act, on similar facts he can be subsequently tried..........
