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 -- Dishonour of cheque - Appeal against acquittal - It is statement of complainant which has rebutted presumption regarding cheque that it was issued towards discharge of legal liability - Even, during cross-examination complainant admitted that he is not aware about business of accused for which alleged loan was advanced -..........
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 -- Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Notice again issued - Complaint filed based on second statutory notice is not barred...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - With endorsement `exceeds arrangements' and the cheque was not dishonoured on the ground that there was correction in the date of the cheque or that the signatures of the accused differs - Even, accused neither complied with the notice nor gave any reply to the said notice - Moreover, accused has not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Plea that cheque got dishonoured on 14.02.2000 and notice was issued on 11.03.2000 therefore notice was time barred - Plea held, not tenable as dishonour of cheque was communicated to accused on 26.02.2000 and as such notice was within time - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Plea of accused that sentence can be modified by enhancing compensation - Plea held, tenable therefore, sentence of accused modified by setting aside sentence of imprisonment and by enhancing the compensation...........
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..........
