Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Accused alleged to have issued cheque in question towards part payment of loan availed by him - Defence of accused that signed blank cheque was given by him at the time of sanctioning the loan agreement along with other cheques and said cheque was misused by complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay borrowed amount of Rs.65,000/- got dishonoured - Complainant failed to produce any document showing that any loan was advanced to accused - He failed to bring on record income-tax returns filed by him showing that Rs.65,000/- were given to accused..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 - - Dishonour of cheque - Acquittal - Validity - It is not case of complainant that notice was sent to accused through postal authorities or through courier services - Accused did not enter witness box and denied signature found on copy of notice - Held, in absence of opinion of expert, trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Some mistake in case records represented before Magistrate by appellant/complainant - Instead of taking any earnest and speedy steps to correct mistake occurred in present case complainant and his counsel protracted proceedings in another case by mis-leading Court below and making..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Evidence of complainant is inconsistent with regard to date on which amount was lent to accused - Admittedly, accused was working as a teacher as on that date and if really she had issued a cheque, she would have written blanks left in said cheque with her own hand-writing -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Owing to breach of agreement by petitioner/accused, respondent No.2/complainant had not withdrawn earlier complaint - Merely because case was concluded and ended in acquittal, it cannot be said that there is no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellant/complainant neither made a full disclosure of all the facts in its complaint nor he produced any document to show that payment of Rs.1,75,000/- by respondent/accused was against some other transaction - Appellant also failed to establish that respondent is under..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Acquittal - Validity - Case of complainant that cheque issued by accused to repay borrowed amount was dishonoured - Cheques were obtained through intervention of police - Held, no reliance could be placed upon genuineness of case of complainant - Cheque is not supported by consideration and..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt - Complainant alleged that accused purchased cement bags from him and cheque issued for payment of price of same was dishonoured - Complainant failed to adduce any evidence regarding sale of cement bags as averred in complaint - Suppression of material facts by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Duty of Appellate Court - Held, as far as appeal against acquittal u/s.138 of the Act is concerned, Appellate Court examining findings of a trial Court, should indeed be slow to disturb a finding of fact though it may be necessary for an Appellate Court to find out as to what..........
