Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Complainant had no financial capacity to give hand loan for a huge sum of Rs.9 lakhs to accused - Existence of legally enforceable debt against accused thus, not proved - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Cheque in question handed over to complainant in the year 2007 - However, accused already filed a complaint regarding misuse of very same cheque in the year 2005 - Possibility of cheque being handed over to complainant in 2007 is no, existent - Moreover, complainant admitted that he..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Matter has been compromised between parties and as per compromise amount has been paid to complainant - Offence compounded - Complaint dismissed - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Burden of proof - When accused admitted his signature in cheques, burden is on him to prove that cheques were not issued for a `legally enforceable debt'...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In a prosecution u/s 138 of the Act, there is a presumption that cheque was issued in discharge of the debt asserted by complainant - However, this presumption can be rebutted by accused by preponderance of probability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused, complainant being a financier would obtain blank promissory notes and blank but signed cheques as security without dates - Plea held, tenable as complainant admitted that he had returned promissory notes and two cheques to accused - Even, explanation given by complainant that notices..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is prospective in nature and not retrospective - Since complaint filed before insertion of provision of S.143-A of the Act, said provision not applicable to case - Trial Court committed error in awarding interim compensation in favour of..........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Admission - Can accused rely upon his own bank account statement and contend that he had not transacted with complainant at all ? - No - As it is not the case of complainant that he gave loan by cheque - Moreover, account statement of accused is admission, which can..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A Person who signs a cheque and makes it over to payee remains liable unless he adduces evidence to rebut presumption that cheque had been issued for payment of a debt or in discharge of a liability - It is immaterial that cheque may have been filled in by any person other than the..........
