Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not give reply to notice issued to him - It is not a case of accused that he has not signed the cheque - Though no account register or income tax return was produced by complainant, but when accused himself has not denied borrowing money and did not enter into witness box,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - As per accused, cheque issued as security and misused by complainant and same was not issued for any legally enforceable debt - However, DW not aware of promissory note and handing over of cheque by accused to complainant - Moreover, accused not denied issuance of cheque to complainant -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Default in EMI - Complaint presented cheque in question for same EMI amount which was dishonoured - However, after settlement complainant presented another cheque towards full and final amount towards total outstanding amount which was also got dishonoured - Thus, earlier..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Cheque amount of Rs.Seven lakhs - Conviction - Sentence of four months simple imprisonment - Accused, a woman already undergone more than one month of sentence - Cheque was issued way back in the year 2013 - Sentence of imprisonment thus, modified to refund of cheque amount of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Complainant issued sanction letter in respect of term loan facility and sanction letter for rescheduling existing term loan and company executed term loan agreement and other loan related agreements and other accused executed agreement of guarantee and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant capable to advance loan - Loan was advanced on basis of personal relations - Held, preparation of other documents not required and cheque issued by accused is the best document for showing his liability...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Dismissal of application u/s 145(2) of the Act on the ground that no cross-examination of complainant was required - S.145(2) of the Act mandates that once application by accused is filed, Court is obliged to summon person who has given evidence on affidavit in terms of S.145(1) of the Act -..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence plea of accused - Once summoning order is issued in the case, it is obligation of accused to take notice u/s 251 Cr.P.C, if not already taken and enter his/her plea of defence before concerned Metropolitan Magistrate's Court and make an application, if they want to recall any witness...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused not denied his signature in cheque - Unless and until, contrary is proved, it is presumed that accused gave the disputed cheque to complainant - Accused rightly convicted - Directions issued...........
