Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Repayment of debt - Non production of statement of account - Vehicle purchased from loan amount sold away and amount received credited in the account - In absence of statement of account, it is difficult to ascertain the exact outstanding amount and it cannot be said that cheque was given towards..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Except signature of respondent all other particulars in cheque were admittedly filled up by complainant - Complainant altered cheque by entering computerized account number which was later blurred/erased - Complainant failed to prove that respondent had voluntarily and willingly..........
Negotiable Instruments Act, 1881, Section 138,139, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Presumption - Rebuttal - Cheque issued against loan which was entered in books of account and counter-signed by accused - Books of account not produced - Books of account are material and relevant evidence - Held, withholding of material and relevant evidence..........
Negotiable Instruments Act, 1881, Section 138, 141, 482 - - Dishonour of cheque - Quashing of proceedings - Proprietorship Firm - Liability of proprietor - Cheque has been issued by original accused No.1/Proprietorship Firm and signed by its Proprietor - Said cheque is drawn from bank account maintained by original accused No.1 - Held, it cannot be said that for dishonor..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Accused signed the cheque and issued it - Cheque pertains to the account maintained by accused with her banker - Complainant was able to prove that there was a loan transaction between complainant and accused in discharge of which debt the cheque in question was issued - Statutory notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof - Contention of accused that Co-operative bank had advanced some amount to accused for the purpose of supplying rice to various ration shops by Co-operative Bank and he had only handed over signed blank cheque leaves to Bank - No records with Co-operative Bank showing such payment of advance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - There were business transactions between complainant and accused and some amount was due from accused to complainant - There were so many transactions between parties - Complainant failed to produce relevant bill books and entries in account books - Held, opportunity has to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused was a driver who used to drive lorry owned by complainant - Case of complainant that he had lent Rs.4,85,000/- to accused and cheque given by accused in discharge of debt got dishonoured - Complaint failed to produce any document to show that he was in fact having that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Account closed' - Such an endorsement is sufficient to attract S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Account closed' - If account is not closed not due to the request of accused, it is for him to establish the said fact - There was no attempt from the side of accused to do so - Offence u/s 138 of the Act stands committed...........
