Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and no criminal action lie..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - S.145(1) of the Act does not confer a right on accused to give evidence on affidavit - Right available to a complainant to adduce evidence by affidavit in lieu of examinatio, i, chief, is not available to an accused...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137 -- Dishonour of cheque - An accused is not entitled to give evidence on affidavit - Affidavit of examinatio, i, chief of accused is no examinatio, i, chief of accused - Tendering of a witness for cross examination, without conducting examinatio, i, chief amounts to giving up of the witness -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Respondent having no objection for compounding - Judgment of conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused stated that he is earning his livelihood somehow by doing private job and as such he is not a position to pay the compounding fee - Held, it is an appropriate case to exempt the accused from paying the compounding fee...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - As per evidence on record, complainant failed to produce any documentary evidence regarding consultancy provided by him and collaboration agreements - Even, there is no explanation for four years delay in issuance..........
Negotiable Instruments Act, 1881, Section 138, 146 -- Dishonour of cheque - Bank slip - Prima facie evidence of facts...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court misdirected itself by mixing up all three conditions and not going into merit of the case - It failed to appreciate that S.146 of the Act specifically stipulates that bank slip is prima facie evidence - Even, DW1 categorically admitted the fact that legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is not the requirement of law that accused should ask complainant/prosecutor to produce a particular document to prove charges against him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legal liability - Loan transaction - Non-production of material document/account books of business goes against accused to rebut his contentions about advancement of loan to accused and support his contentions that cheque in question was given as security cheque to complainant himself, a commission..........
