Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction of Rs.23,94,700/- - Complainant failed to prove his financial capacity of lending such a huge amount to accused - He himself admitted that he was under debt - Complainant neither produced any evidence to prove liability of accused nor proved source of raising such a huge amount to..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Actual date of service of notice - Complainant is not required to establish precise date of service of notice - Only obligation of complainant is to establish that he has waited for 15 days from the date of service of notice and has filed the complaint within 30 days thereafter...........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Non-mentioning of actual date of service of notice - If date of actual service of notice is not clearly discernible from acknowledgement card, that cannot prejudice complainant, since that is not due to default of complainant - That by itself cannot lead to dismissal of complaint..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Notice was served on accused on 10.3.2005 as specifically pleaded in complaint - Acknowledgement card bearing said date was produced along with complaint - Said date is not challenged in cross-examination of complainant - In the light of presumption u/s 27 of General Clauses Act,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Signature on cheque and fact that cheque drawn on account of accused not disputed by accused - Liability on accused was established - Discharge was not established by accused - Complainant succeeded in proving existence of a legally sustainable debt and cheque remained unpaid even after..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138, Ranbir Penal Code, 1989, Section 420 -- Quashing of proceedings - Dishonour of cheque - Defendant filed petition for quashing on Retirement-cum-partnership deed - It is only a fact which may be required to be proved during course of trial, whose evidentiary value..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Evidence discloses complainant`s financial incapacity to advance hand loan and inconsistent version about reason for hand loan - Even, there is no evidence to show that notice was sent by registered post as address was incomplete and it is not possible to draw presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Complainant filed affidavit stating therein that he does not want to pursue litigation and he has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Offence compounded - Conviction set aside...........
