Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Cheque issued towards repayment of loan which was given to accused about 7 years ago - Complainant failed to identify the accused - Admittedly, son of complainant and accused were having business dealings and it was possible that cheque in question had been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4) -- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - In the instant case, accused issued 3 cheques to purchase vehicle from complainant - Out of 3 cheques only 1 cheque was honourned by making cash payment and other 2 cheques were dishonoured - As per accused, he has made cash payment of other 2..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Failure to prove advancement of loan - No receipt or document executed for advancement of loan - Cheque filled in with two different pens, indicating that it was misuse of blank cheque - No illegality or perversity in the impugned order of acquittal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No document to show any loan transaction - Complainant also not proved his capacity to give such a big loan - Even if complainant had collected the money from his grandmother and relatives, then why he has given such a huge amount to accused without obtaining any security document/receipt - Probable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Enhancement of sentence - In the instant case, accused is not imprisoned but only sentenced to pay fine of Rs.2 lakhs and in default, to suffer S.I. for 3 months for dishonour of two cheques amounting Rs.1 lakh each - As per S.138 of the Act, it is permissible to pass sentence..........
Negotiable Instruments Act, 1881, Section 138, 6, 5 -- Dishonour of cheque - Document which complainant relies on as a cheque, in fact is a withdrawal slip and not cheque - Acquittal of accused by trial Court is possible view - No reason to interfere in order of acquittal - Application seeking leave against acquittal dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Nothing on record regarding payment of Rs.10 Lakhs by complainant to accused - Even, accused has appeared as defence witness and stated that she had litigation with one `A' and after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Discretion of Court - Order of acquittal cannot be mechanically passed on the absence of complainant - Magistrate is expected to exercise discretionary power conferred on him judicially and judiciously...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Order of acquittal of accused - Accused is served with summons but does not remain present before Court and a warrant is issued, but still not executed - It would therefore, not be just and proper to focus on absence of..........
