Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Plea that it is not proper or permissible to recall a prosecution witness after final hearing of the case - There is no illegality in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Court at any stage of inquiry, trial or other proceedings can act in one of three ways : (i) to summon any person as a witness; or (ii)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine himself as his own witness after defence evidence was closed - There is no bar to examination of accused as his own witness in disproof of charge against him before judgment - Complainant will not suffer any prejudice as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused is that complainant has stolen cheque from him in his house - Plea held, not tenable as accused admitted his signature and contents of cheque - Even, accused could have replied to legal notice stating that cheque has been stolen from him - Moreover, accused has not chosen to file any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross-examination - Complaint filed in year 2016 and owing to dilatory tactics played by accused evidence of complainant closed and revision preferred was rejected - In year 2020 accused seeking opportunity to recall complainant for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for cancellation of issuance of non-bailable warrant was dismissed - Record does not reflect that accused persons were served with copy of evidence on affidavit of complainant - As such they could not be insisted to cross examine complainant on the same day - Despite application for..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Summary trial - Evidence already given by complainant by way of affidavit is sufficient proof of the offence and this evidence is not required to be given again in terms of S.145(1) of the Act and has to be read during trial - Complainant or other witnesses can be recalled only when accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Allegations alleged in complaint asserted to be false and accused denied of taking loan - Fact of taking loan can only be decided after parties adduce evidence - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - While dismissing complaint, trial Court held that ink used to fill up the cheque is different and witness could not tell as to who had filled up the cheque - Held, Magistrate has taken a reasonable and probable view on appreciation of evidence...........
