Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Complaint u/s 138 of N.I. act dismissed by trial court - Leave to appeal against order of acquittal passed by trial court lies before High Court u/s 378(4) of CrPC and not before Sessions Court...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 470 -- Dishonour of cheque - Complaint represented beyond 30 days fixed by Supreme Court following decision of Supreme Court in Dashrath Rupsingh Rathod's case - Condonation of delay - Position as clarified in the N.I. Amendment Ordinance 2015 (No.6 of 2015), petitioners can be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - When post dated or blank cheques are issued and issuance of cheque is not in dispute, it will be difficult to accept that there was no transaction between parties - Court cannot hold accused guilty only because it comes to conclusion that there was some understanding or transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - There appears to be very close relationship between husband of complainant and accused - However, under what circumstances, amounts were paid to accused, how much amount was actually paid to her and under what circumstances cheque was obtained from her, is not clear - Why husband of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Principle that criminal charge must be proved beyond reasonable doubt applies to offences punishable u/s 138 of the Act - Presumption u/s 118 and 139 of the Act do not do away with necessity of proving accusation beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Friendly loan - Accused admitted his signatures on cheque as well as on two pronotes and the fact that he borrowed loan from complainant - Once pronote has been signed and executed by accused, it acts as an acknowledgement of transaction - Presumption arose u/ss 118(a) & 139 of N.I...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Friendly loan - Accused admitted his signatures on cheque as well as on two pronotes and the fact that he borrowed loan from complainant - Once pronote has been signed and executed by accused, it acts as an acknowledgement of transaction - Presumption arose u/ss 118(a) & 139 of N.I...........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan - Bahi entries - Account books/bahi entries are not instruments of advancement of loan like pronote, bonds, or Bill of exchange etc. which can legally be enforced, as recognized under the N.I Act - Entries in account books are only relevant u/s 34 of Evidence Act,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Issue of jurisdiction raised at the stage when matter crossed stage of S.145(2) of N.I.Act - Evidence was already over and even the judgments was pronounced by Trial Court - Matter reached at the appellate stage - No prejudice is caused to accused on account of case tried and..........
