Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere non filing of income tax return or non mentioning of transactions in income tax returns would not automatically dislodge case of complainant u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the signed undertaking by him - Fact which was admitted by him need not to be proved by complainant during course of trial - Moreover, there was sufficient evidence to show that legal notice was duly served on petitioner - Conviction upheld...........
Criminal Procedure Code, 1973, Section 91, Indian Penal Code, 1860, Section 354, 354D, 509, 201, 204, Information Technology Act, 2000, Section 67 -- Preservation of call details record and electronic data - Data sought to show relationship between accused and complainant prior to registration of FIR - Even complainant admitted acquaintance with accused since April 2020 -..........
Criminal Procedure Code, 1973, Section 91 -- Preservation of record - Mere allegation accused removed data from his mobile phone while in police custody, in and of itself, is no ground to deny preservation of data and information requested in application, especially when accused had filed complaint alleging that complainant`s husband forcibly destroyed data from his phone...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant arrived at a compromise with appellant without any coercion and at his own will and voluntarily - Once complainant has signed compromise deed accepting the amount in full and final settlement of default sum, proceedings u/s 138 of the NI Act cannot be sustained..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Mere denial of case of complainant is not sufficient to shift burden on complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused failed to rebut the presumption u/s 139 of the Act - Complainant on the other hand has succeeded in establishing that cheque was issued by accused in discharge of a legally enforceable debt - Registered notice sent to accused was returned as unclaimed - Endorsement in notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that interest claimed by complainant was excessive and in violation of Kerala Money Lenders Act and therefore it was an illegal transaction and for that reason, cheque cannot be treated as a cheque issued in discharge of a legally enforceable debt etc. - Plea rejected, as non banking financial..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C - Not supported by duly sworn affidavit of complainant suffers from fatal procedural defect - In absence of such an affidavit, complaint could not have been acted upon...........
Indian Penal Code, 1860, Section 506(i) -- Criminal intimidation - Alleged threatening over telephone made by accused from abroad that he would kill complainant and her child, cannot be said to have caused instant fear upon complainant - Accused rightly discharged...........
