Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint through attorney - Attorney himself admitted in his cross-examination that he has no knowledge about the case - Even, no date, month or year of transaction has been mentioned by complainant - Moreover, there is no document on record to show transaction between the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction till rising of Court and to pay compensation - Accused undergone nominal imprisonment and also paid compensation amount - Held, this by itself does not take away his precious right to file an appeal to challenge the very basis of conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 5 cases - Concurrent running of sentences - Accused is languishing in jail since 2013 and had already undergone sentence of more than 4 years - In none of cases provision of S.427 Cr.P.C. was taken note by Court below - Sentence in all cases..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Firm and Managing Partner arrayed as accused - Non inclusion of two more partners who are alleged to be responsible and in charge of business of the partnership firm at the time of committing the offence - Held, no, inclusion of other partners as accused would not lead to the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Erstwhile Director of company - Cheques in question neither issued by accused/Director nor he was involved in the day to day affair of company - Name of accused not shown as involved in the working of company - Accused resigned even before presentation of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of loss of two cheques while travelling in a bus - No police complaint lodged - Conduct of accused is relevant while considering his defence - When accused admitted his signature on cheque and when it has been produced by complainant then burden is on accused to explain as to how cheque came into..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In the instant case, accused issued two cheques on failure to execute sale deed - However, accused denying transaction of agreement of sale and stating that cheques issued as security for loan transaction - Material on record shows that amount of Rs.1,50,000/- paid by complainant to accused person, but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - As per complainant, he advanced friendly loan of Rs.11,30,000/- to accused - However, there is no evidence that complainant has capacity to advance Rs.11,30,000/- or that amount is shown in Income Tax Return - Even, accused stated that complainant misused cheque which he gave..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Cross examination - Once accused takes a particular line of defence in the notice u/s 251 cr.P.C., it is expected that cross examination would be on the same line...........
Evidence Act, 1872, Section 138, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross examination - Deferred - Defence of repayment of loan - Complainant directed to produce Income Tax Returns - Further cross examination has to be based on its relevancy part only - Accused does not have liberty to further cross examine complainant to frustrate the..........
