Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C. - Not mandatory in respect of proceedings u/s 138 NI Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Language of S.139 of the Act does not refer that initial presumption of consideration is in favour of complainant and the words `unless contrary is proved' means that burden to rebut said presumption is upon the accused - Presumption contained in S.139 of the Act is a rebuttable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Authorisation to file complaint - Photocopy of general power of attorney in favour of CW1 depicts that he was authorised to institute suits, to appear and to take action on behalf of complainant along with all authorization - Said power of attorney is prior to filing of complaint - Thus merely because..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.13.50 lakhs by a pensioner - Fact that complainant was a pensioner cannot be a ground for presuming that he did not have the capacity to make the loan payment - Some part of this loan was paid through cheques - Some amount paid in cash proved to be withdrawn from bank account - Evidence on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques of same series issued at a gap of three years - Merely because two cheques of same series have been issued on two dates at a gap of three years, itself does not make story of complainant as improbable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Complaint against partnership firm and its partners - Retiring partner - Statutory Form-G in the context of partnership firm can be relied upon and looked into by Court - However, material placed on record indicate that picture is very hazy..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Non-examination of complainant - Adverse inference - Complainant executed power of attorney in favour of his daughter/PW1 - Accused not disputed the genuineness of power of attorney - Evidence of PW1 shows that she had personal knowledge about transaction which took..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Cheque in question and signatures upon it not disputed by accused - However, defence of accused is that PW1 and others came to his house and criminally intimidated his mother and taken a blank cheques, which was later on misused by complainant - No reason given by accused for..........
Criminal Procedure Code, 1973, Section 202(as, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Effect of amendment on NI Act - Magistrate is not mandatorily required to comply with provisions of S.202(1) Cr.P.C. before issuing summons to accused residing outside territorial jurisdiction of Magistrate concerned...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Absence of liability of accused to honour the cheque which was issued in the nature of security - Complainant failed to establish ingredients of offence by showing existence of legally enforceable debt - Order of acquittal calls for no interference...........
