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, 139, 118(a) -- Dishonour of cheque - Presumption - Initially, complainant has to prove existence of debt and other liabilities and thereafter burden shifts upon accused to prove that cheque was not issued towards discharge of a lawful debt but was issued by way of security or any other reason on account of some business..........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque drawn in favour of `Yourself' - Drawee is thus the bank - But as per endorsement as well as the fact that cheques were accompanied by RTGS forms for transfer of amount in account of complainant, it is the complainant alone who was to collect the amount - Complainant is the payee in an indirect..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Allegations mainly constituting the offence that cheque was signed by P2 who stood guarantor for P1 and cheque was from account of P1 - No Cogent evidence to show that cheque was issued by P2 - No expert has been examined to prove the signatures -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients:-(i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank of discharge in whole or in part or any debt or other liability which pre-supposes a legally enforceable debt; (iii) that the cheque so issued had been returned due to insufficiency of..........
Indian Penal Code, 1860, Section 120B, 420, 465, 467, 468 -- Cheating - Proof of - Accused are working in LIC office and alleged to have committed theft of cheques and encased amount by opening fictitious accounts of policy holders - Investigating agency did not collect any evidence as to who had stolen, deposited and withdrawn the cheque amount - No evidence to connect..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 473 -- Dishonour of cheque - Condonation of delay - Delay of 1 day in filing of complaint u/s 138 of the Act - In absence of any satisfactory explanation by complainant for delay, Magistrate, on his own, by taking into account facts and circumstances of the case, cannot condone delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Authority given to power of attorney holder to operate the account - Dishonour of cheque, issued by power of attorney holder, for insufficient funds - It is power of attorney holder and not the principal who is liable to be proceeded against and punished for the offence punishable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney specifically deposed that he could not say as to whether he had shown any liability which was recoverable from accused - Transaction between parties was not proved and therefore legally enforceable debt was also not proved - Moreover,..........
