Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that complainant was not holding a licence to lend money - Plea held, not sustainable under law as when complainant is lending loan to his friend, which is hand loan without charging any interest that cannot be considered that he is doing money lending business, for which he should hold..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.50,000/- - Plea that amount of Rs.20,000/- and above should be given only by cheque - Cash loan of Rs.50,000/- does not lead to inference that there was no loan transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cash loan of Rs.50,000/- without obtaining a pronote - Complainant stated that he knows accused who was his neighbour and in good faith, he gave the loan of Rs.50,000/- - Loan cannot be disbelieved on the ground for not taking promissory note...........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Quashing of proceedings - Allegation that father of accused in connivance with other employees of bank committed financial irregularities on basis of forged documents by misusing his post and by providing fake loan to relatives - Manner in which loan was advanced without any proper documents and fact that accused are..........
Indian Penal Code, 1860, Section 182 -- Offence u/s 182 IPC - Complaint to Vigilance Bureau that Bank Manager demanded bribe for passing loan - FIR not registered - On an enquiry conducted by police, complaint was found to be false - It is only after registration of a case, allegations made by accused can be held to be genuine or false - No offence u/s 182 IPC is made out..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Complainant had not mentioned any date, month or year in complaint as to when alleged loan had been given to accused - He had also not mentioned anything with regard to agreement and receipt of amount - Moreover, complainant had also not examined any witness to prove receipt of amount -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.75,000/- - Accused known to complainant for more than five years - Accused not explained the circumstances under which two cheques were issued - Failure to obtain promissory note or nay other document at the time of giving loan cannot be said to be fatal - Two cheques carry with them..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Respondent purchased a trailer from complainant in year 2006 and agreement was executed between parties - As per said agreement, respondent undertaken to pay outstanding instalments of vehicle purchased by him from complainant - However, in..........
Consumer Protection Act, 1986, Section 12 -- Agricultural loan - Scheme regarding waiver of agricultural debt - Appellants claimed waiver of loan u/cl. 5 of Scheme - District Forum after carefully evaluated the Scheme came to conclusion that appellants would fall in category of `small farmer' - State Commission also entered a similar finding - However, National Commission..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Friendly loan - Presumptions u/ss 118(a), 139 of the Act - Accused successful in rebutting presumptions u/ss 118(a), 139 of the Act - Burden shifts upon complainant to prove her case beyond reasonable doubt - Since complainant miserably failed to prove her case beyond reasonable doubt,..........
