Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 145 -- Dishonour of cheque - Determination of age of ink - No scientific accurate test is available for determination of age of ink - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Quashing of complaint - Complainant paid certain amount to accused for securing a job for his son - But accused failed to secure the same - Accused issued a cheque of Rs.10 lacs which was dishonoured - Held, contract..........
Negotiable Instruments Act, 1881, Section 138, 139, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Presumption of liability - Presumption has to be raised in favour of complainant regarding existence of legally recoverable debt - But, if an illegal consideration is relied upon by the complainant himself, then such presumption u/s 139 of N.I. Act, cannot be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190 -- Dishonour of cheque - Cognizance of offence - Only for those offences, where allegations constitute offence the Magistrate is entitled to take cognizance and proceed with the matter - Otherwise, issuance of summons to accused virtually violates constitutional right of liberty..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque - Presumption u/s 139 of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Restoration - Complaint dismissed for want of prosecution only for single default - Justice demands its restoration and decision on merit - Impugned order set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards repayment of loan amount - Acknowledgment receipt of receiving loan amount issued by accused was relied upon by complainant - Contents of document purportedly issued on the day on which cheque in question was issued does not appear to be natural course of human conduct - Tenor..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards repayment of loan amount - No contemporaneous document on record to show that complainant had indeed advanced cash amounts to accused as claimed by him - This creates a serious doubt about foundational facts of complainant case...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously and with the realization..........
