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 - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
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, Criminal Procedure Code, 1973, Section 377, 378 -- Dishonour of cheque - There is no provision in Cr.P.C. for allowing an application to implead legal heirs of deceased accused in an appeal filed u/s 377 or S.378 Cr.P.C...........
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 -..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of the amount - Appeal filed after introduction of S.148 of the Act i.e. 16.08.2018 - Appellate Court rightly directed to deposit 20% of the amount as a condition for suspension of sentence - No interference warranted in the impugned order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal against conviction - Direction to deposit 20% of compensation amount - Accused does not have any source of income, as her financial condition is very weak - Husband of accused died, who was sole earning member of family - Accused..........
