Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Debt or liability - Once a cheque is issued, presumption arises u/s 139 of the Act and this presumption is rebuttable - Court has to presume that cheque has been issued for a debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Restoration of complaint - It appears that despite the complainant having taken all measures within his power person representing him did not file the process fee for issuance of summons and did not appear for the complainant on date of dismissal of the petition - Dismissal of..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Issuance of cheques and Memorandum of understanding are not disputed by accused - Sale consideration aspect pales into insignificance as cross-examination of complainant in respect of MOU is inconsequential and accused has not led any evidence to show that MOU was obtained under..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Loan stated to be advanced in the month of April but date on which loan advanced not stated either in the complaint or in examinatio, i, chief - Contention that complainant lent the loan and in discharge of said loan accused issued the cheque to discharge the legally recoverable debt cannot..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When complainant himself is unable to show source of income and capacity to pay and date of issuance of cheque throw suspicion and cloud in evidence of complainant, it is not possible to accept evidence of complainant that there is any legally recoverable debt payable by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused and complainant known to each other and accused borrowed loan of Rs.1 lakh from complainant - Complainant is income tax assessee - However, no document forthcoming from side of complainant to show that he had source of income and capacity to lend Rs.1 lakh to accused -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application by accused for sending receipt to handwriting expert allowed by trial Court - However, despite repeated opportunities accused failed to take steps for sending documents - Closure of defence of accused held not proper especially when order allowing application..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived between parties - Conviction set aside - Accused acquitted - Plea for exemption to pay 15% of cheque amount as compounding fee - As accused has arranged amount of compensation to be paid to complainant with great difficulty by borrowing the same from his nearer and dearer..........
