Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Condition that on non-deposit of minimum of 20% of fine/compensation, benefit of suspension of sentence would automatically vacated - Held, appellate Court in an appeal against conviction u/s 138 of the Act, while..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Respondent has admitted to have given cheques - Even, signatures are not in dispute and notices were served on him which he did not reply - Thus, respondent could not prove otherwise that he had discharged liability or he had repaid the loan which he had taken from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court acted on a letter of advocate and interfered with order of conviction passed by trial Court - Even, on the face of it appellate Court unnecessarily gave importance to a G.D. entry number which was reflected in notice although original G.D. entry was never..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant did not mention anything about that episode of issuance of two cheques in his complaint petition or during the examination-in-chief - Even, complainant did not explain why those two cheques were given to him by accused person - Moreover, complainant explanation is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of bank loan - There is no document produced on record with regard to sanction of loan, disbursement of loan, bank statement and what amount is unpaid - Accused cannot be convicted in the absence of evidence to show that loan was in fact disbursed to accused - Acquittal..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Burden is on accused to make out a probable defence - Accused need not step into witness box or adduce direct evidence - It would suffice if accused is in a position to create a reasonable doubt that version of complainant is false...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compounding of offences at revisional stage - Settlement between the parties and due amount is paid to complainant - Conviction and order of sentence, quashed and set aside with Cost of Rs.10,000/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of loan amount - Security in its true sense is the state of being safe and the security given for a loan is something given as a pledge of payment - If loan amount is not repaid in specified time frame the cheque which is issued as security would mature for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Cheque issued as security for repayment of loan - There cannot be hard and fast rule that a cheque which is issued as security can never be presented by drawee of cheque...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 NI Act and S.420 IPC - Mere dishonour of cheque cannot be construed as an act on the part of accused with a deliberate intention to cheat and mens rea in that regard cannot be gathered from the point the amount had been received - Offence u/s 420..........
