Negotiable Instruments Act, 1881, Section 138, 139, 118A -- Dishonour of cheque - Appeal against acquittal - Cheque in question was not issued in the name of complainant - Complainant has failed to establish the ingredients of S.138 of the Act by discharging his initial burden to prove the existence of legally recoverable debt or liability - Provisions of Ss.118-A, 139 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Proof - Friendly loan advanced in the presence of one `S' who is not examined as a witness - It does not appeal to prudence that complainant who was a teacher, drawing a salary of Rs.17,000/- per month would have advanced a friendly loan of Rs.Two lakhs, without any receipt or even..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(2) -- Dishonour of cheque - Appeal against acquittal - Appeal lies to High Court u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 2(wa), 372 -- Dishonour of cheque - Complainant in a case u/s 138 of N.I Act is not a victim u/s 2(wa) Cr.P.C and therefore not entitled to file an appeal u/s 372 Cr.P.C against acquittal of accused...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Waiver of condition to deposit 20% of fine amount - Merely on the sole ground that accused have a good case of acquittal in appeal is not sufficient to exempt accused from depositing 20% of fine amount as imposed by trial Court as per S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Cheque was issued as a security therefore no liability u/s 138 of the Act can be fastened upon respondent - No witness was examined to verify authenticity of ledger statement - Entries in books by themselves are not sufficient enough to charge any person with liability - Moreover,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........
