Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Payee and holder in due course of the cheque is not complainant - Primary mandatory requirement of S.138 of the Act not fulfilled by complainant - Therefore, initiation of complaint itself is not in accordance with law - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Admittedly, presumption is available in favour of a holder of a cheque with regard to existence of a legally recoverable debt, however, same is a rebuttable presumption and standard of proof for rebuttal is preponderance of probabilities - In the instant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Neither signatures on cheques nor issuance of cheques disputed - Enabling transaction indicate that there was payment of advance amount by complainant to accused and said sale agreement came to be cancelled and accused issued cheques and same got dishonoured - Accused has not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of cheque wrongly mentioned in notice - It does not amount to material alteration or other aspects of validity of cheque - It does not adulterate the rights of complainant under the cheque - Acquittal set aside - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - No reply given by accused and defence raised at time of cross-examination of PW1 nothing elicited in cross examination to disbelieve case of complainant and more emphasis given with regard to discrepancy in name of complainant -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Financial capacity - When accused themselves have not chosen to question source of income and financial capacity as given by complainant, trial Court need not had to further probe into matter regarding financial capacity of complainant - Complainant proved beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of complainant for the amount due to complainant and 12 others - Only an amount of Rs.20,000/- is due to the complainant and balance amount of Rs.2,40,000/- belongs to 12 others - Without power of attorney or authorization or any other evidence authorising the payee or holder in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Managing Partner is actually representing firm and he cannot contend that execution of cheque is not proved especially when conviction and sentence of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Sentence of firm became final - Managing Partner cannot content that execution of cheque is not proved - Managing Partner also committed an offence -..........
