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to make the loan payment - Some part of this loan was paid through cheques - Some amount paid in cash proved to be withdrawn from bank account - Evidence on..........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, 139, 118 -- Dishonour of cheque - Presumption u/s 118, 139 of the Act - To seek favour of presumptions u/ss 118 139 of N.I.Act, a party has to first necessarily prove foundational facts in support of its complaint...........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for..........
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138 -- FIR u/ss 420, 406, 120-B IPC and complaint u/s 138 of N.I. Act - Where legally enforceable liability is incurred, despite being based on fraud, such liability remains legal and valid against person who had played fraud - In that situation, person would definitely be liable for..........
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, 139, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Presumption of liability - Presumption has to be raised in favour of complainant regarding existence of legally recoverable debt - But, if an illegal consideration is relied upon by the complainant himself, then such presumption u/s 139 of N.I. Act, cannot be..........
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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Two complaints u/s 138 of N.I Act - Parties are same in both the cases - Both complaint cases were decided on same day - Sentence qua imprisonment in both complaints in question to run concurrently - However, sentence required to be undergone by accused in..........
