Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 70 injections of Buprenorphine I.P Omgesic 2mls each and 30 injections of Avil 10ml each - Buprenorphine falls under Drugs and Cosmetics Act and salt has not been included in Schedule I of NDPS Rules - Even,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Complainant filed affidavit stating therein that he does not want to pursue litigation and he has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Offence compounded - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - There was manipulation in loan application and besides resolution to sanction loan was even prior to application for loan which improbabalised case of complainant or rather probabalised case in defence that there was no such transaction whatsoever -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act is rebuttable and onus is on accused to raise probable defence - Standard of proof for rebutting presumption is that of preponderance of probabilities and not beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant and two accused were shareholders of one company - Complainant wanted to exist from company and offered to sell his shares to accused - MOU executed between parties - Complainant received the amounts only if he surrender share certificates with duly..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Appellate Court is not required to minutely assess merits of appeal and find out such special reasons - It is for accused to point out to appellate Court special circumstances, if any..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Accused had to mentioned in application any special reasons for exempting her from making deposit of amount u/s 148(1) of the Act - It was only mentioned that cause of action for filing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Dissolution of company during pendency of proceedings - Directors and other accused cannot escape by citing its dissolution - Only company is dissolved, not personal penal liability of accused covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - By operation of provisions of Insolvency and Bankruptcy Code, criminal prosecution initiated u/s 138 of the Act r/w S.141 of the Act r/w S.200 Cr.P.C cannot be terminated...........
