Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Accused proved that cheque book issued to complainant in year 2005 and other cheques from cheque book were got encashed in year 2007 and 2008 - Further, on backside of cheque name and particulars of accused have..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Can be rebutted by raising a probable defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of handwriting of accused on cheque - Accused disputed writing with which body of cheque was filled - However, accused admitted her signatures on cheque - Even if writing on body of cheque in question not found to be of accused by FSL, he cannot be given any leverage or benefit, particularly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Source of money - There is no statutory requirement for complainant to prove his source of money and/or ability to advance loan...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 311 -- Dishonour of cheque - Loan transaction - Source of money - Additional evidence at appellate stage - Income tax returns and agreement to sell sought to be produced by complainant to show source and his capacity to advance loan to accused - Documents in question are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Leave to appeal against acquittal - Complainant in his cross examination stated that he does not know as to for what purpose accused has taken money from him - Even, complainant has not shown loan paid by him to accused in his income tax..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - - Case was listed for service of accused and on that particular day personal presence of complainant was not necessary, particularly when he engaged counsel to represent him - Complainant continued himself to be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Non executive Directors - In absence of any further averments as to their role in the company at the time of commission of offence, presumption u/s 141 of the Act cannot be raised against them - Summoning order and proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
