Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Counter FIR alleging theft, cheating and forgery of the cheque in question - Quashing of - Cheque issued by respondent No.2/accused in discharge of outstanding dues dishonoured - FIR lodged by respondent alleging that he had lost blank signed..........
Agreement to sell -- Suit for specific performance - Agreement a procured and fictitious document - Thumb impression on agreement alleged to be obtained on blank papers by taking advantage of drunken condition - All the four thumb impressions on agreement are with the same ink pad which were allegedly obtained by the stamp vendor at the time of selling stamp paper - Held,..........
Agreement to sell -- Proof - Thumb impression on agreement alleged to be obtained on blank papers by taking advantage of drunken condition - Held, in that eventuality, a heavy burden of proof is on plaintiff to prove the due execution, genuineness of the agreement to sell and passing of the earnest money...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Grievance about handwriting of cheque - No grievance in respect of signature on the cheque - No suggestion regarding said grievance preferred by accused at belated stage after recording statement of accused - Trial Court dismissed..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of complainant that cheque issued by accused in discharge of debt dishonoured - Contention that a signed blank cheque entrusted with one "V" in connection with purchase of a motor cycle misused by complainant - Evidence on record however does not in any way help accused..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complaint - Conviction - Validity - Complainant's case that accused borrowed Rs.40,000/- from him and to discharge that liability he issued cheque in question - Specific case of accused that he borrowed only Rs.20,000/- from complainant and issued a blank signed cheque which was misused by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Case of accused that he and complainant were jointly doing contract works of Municipality and in connection with that business he issued a signed blank cheque to complainant, which was misused by him - No evidence was adduced by accused to prove his case - Accused admitted..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Signing of a blank cheque does not amount to due execution - Due execution means to give a cheque in its complete form - In case of issuance of blank cheque there can be presumption of authorisaton in favour of the person in whose favour it was issued to fill up the same to his..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Petitioner/accused accepted facts of issuance of cheque and signature in cheque - Held, respondent/complainant is entitled to invoke presumption u/s.139 of N.I. Act that cheque has been issued only for discharging of existing legal liability - Contention that..........
Agreement to sell -- Suit for specific performance - Plea of taking loan and signing some blank papers - No such plea taken in reply to the notice served by plaintiff prior to filing of suit - A bare perusal of the photostat copy of the agreement does not reveal that signatures of defendant were obtained on blank stamp papers - Defendant impliedly admitted his signatures..........
