Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant and two accused were shareholders of one company - Complainant wanted to exist from company and offered to sell his shares to accused - MOU executed between parties - Complainant received the amounts only if he surrender share certificates with duly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Moreover, preponderance of probabilities lies completely in favour of accused - Further, the case of complainant is required to rest on..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - No documentary evidence to show that complainant had given the amount as loan to accused - Complainant says that she has receipt of loan amount paid in instalments but no such receipt produced - Probable defence was taken by accused - Complainant failed to prove that there was legally..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued by a guarantor - A cheque issued by a guarantor is also a cheque as per S.138 of the Act as one being issued in discharge of legally enforceable debt - S.138 of the Act nowhere provides that cheque drawn should be in discharge of drawer's liability alone - It could be in discharge of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove even a single document so as to satisfy the Court that any loan agreement entered into between company and accused - Even in affidavits given by Company`s authorized witnesses, there is no reference of any loan agreement - Complaint did not reflect as to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Legally enforceable debt - Loan transaction - Accused resident of Pune and complainant resident of Pali - There is no reason as to why accused would travel all the way down to Pali for taking loan of a sum of Rs.1,60,000 from person with whom, he had no connection whatsoever - Complainant is an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Complainant had no financial capacity to give hand loan for a huge sum of Rs.9 lakhs to accused - Existence of legally enforceable debt against accused thus, not proved - Accused rightly acquitted...........
