Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Complainant cannot be expected to initially lead evidence to show that he had financial capacity, unless a case is set up in reply notice by accused that complainant did not have financial capacity to give loan...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Financial capacity of complainant - Accused has the right to demonstrate that complainant did not have the capacity - Accused can do so by examining independent witnesses and producing documents or by pointing to the materials produced by complainant or by cross examination of witnesses..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Accused has not set up any case that complainant did not have financial capacity to advance loan - There is even no reference in the reply notice as to loss of cheque book or signed cheque leaf as contended by accused - No complaint was given of loss of cheque book or signed cheque leaf..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of fine amount - Provision u/s 148 of the Act requiring accused to deposit 20% of amount of fine in an appeal against conviction is mandatory in nature, as expression `may' as contained in said provision be read as `shall'...........
Negotiable Instruments Act, 1881, Section 4, 118, 138 -- Negotiable Instruments exceeding Rs.10,000 - Tamil Nadu Money Lenders Act and Tamil Nadu Prohibition of Charging Exorbitant Interest Act would not apply to money lenders, who advance loans on basis of Negotiable Instruments exceeding Rs.10,000/-...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 4 cases - Concurrent running of sentences - When the parties are common and dispute/complaints arise from one common transaction of lease amount, same can be construed as one transaction only for purpose of extending benefit u/s 427 Cr.P.C,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that there is no privity of contract as contended by accused cannot be accepted as accused has already made part payment - Thus, contention of accused that accused is not liable to pay any amount cannot be accepted - Conviction proper...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction of accused had attained finality by virtue of order passed by Supreme Court much before filing of petition for compounding of offence - However, no application for compounding of offence was filed after compromise between parties - Since prayer for compounding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Complainant claims that accused committed default in payment of loan - It was not the case of accused himself that loan was prematurely recalled or that was not due as on date of issuance of cheque or presentation of the cheque as the case was denial of availment of loan itself - However,..........
