Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal against - Accused failed to rebut the presumption available/s 118 of the Act - Magistrate did not frame the points and deal with the matter properly - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Acquittal of accused u/s 256(1) Cr.P.C. - Magistrate Courts acquit the accused even at the fag end of the case, giving untenable reasons, such as it is a long pending case and it is included in the target; the complainant is not adducing evidence despite..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by unauthorised person, resulting in acquittal of accused - Complaint company raised plea that there was resolution passed by company authorising Director of company to file complaint - However, no good reason assigned why this resolution was withheld from Court when issue of authority..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Dispute as to loan amount and plea that a blank cheque was issued as security - An entry in the ledger book and income tax return containing the balance sheet showing a particular amount standing against the name of the accused - Held, this by itself is not sufficient to establish that there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non appearance of complainant - Magistrate may close the complaint which does not amount to acquittal of the accused - In the instant case representative of the complainant could not appear due to illness - Order dismissing the complaint set aside - Complainant given a chance to put forth his case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan against hire purchase agreement - Hire purchase agreement and statement of account relating to hire purchase transaction not produced on record - In absence of documentary proof it cannot be said that accused ever entered into hire purchase agreement with the complainant - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - No evidence on the side of appellant regarding absence of consideration - Expression of willingness to pay Rs.16,000/- and request for time to pay that amount in reply supports the case of appellant that cheque was issued towards discharge of an existing liability - Cheque was presented..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal against - No material on record to show that cheque in question was one of the four cheques given at the time of disbursement of the loan - Accused did not lead any evidence to rebut the presumption available to complainant u/s 118 of the Act - acquittal set aside - Accused convicted..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint signed by lady as proprietor of firm - Statutory notice issued by her - Her Power of Attorney examined himself on behalf of her principal deposed that he was given power only for prosecuting complaint - Power of Attorney holder, neither has any personal knowledge of entire transaction,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards loan advanced by complainant - Loan transaction not supported by any document - Loan transaction not reflected in account books of complainant who is trader of food grains - Complainant did not examine any witness with respect to alleged transaction - Acquittal upheld -..........
