Negotiable Instruments Act, 1881, Section 118, 138, 139 -- Dishonour of cheque - Conviction - Petitioner admitted that he had received a friendly loan, therefore apparently, there was a subsisting debt and liability - Moreover, once the signatures on the cheques have been admitted, the presumption envisaged under Section 118 of the Act arises that the cheque had been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant successfully proved on record by leading cogent and convincing evidence that cheque in question was issued by accused towards discharge of his lawful liability and he has further successfully proved that cheque issued by accused on its presentation to bank concerned was returned on account..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In appeal against conviction Appellate Court set aside conviction and remanded the matter as accused was denied an opportunity to produce documents in defence and denied him opportunity to cross examine the relevant witnesses testimony - Order upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is proved beyond doubt that there was a legally enforceable debt inasmuch as complainant had given earnest money vide agreement and had also further given an amount vide writing as additional earnest money - Issuance of cheques in question or signature on them have not been disputed - It is not case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Appellate Court duly considered the overall facts and circumstance of case as well as duly appreciated the evidence and material available on record of the case - No grounds made out to warrant any interference in order of acquittal passed by..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a settlement after appellate Court had upheld conviction of petitioner - Offences under the Act can be compounded at any stage of proceedings - Keeping in view the spirit of S.147 of the Act, offence u/s 138 of the Act can be compounded - Conviction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque and signatures is admitted by accused - Even, complainant has proved his case to show that accused has committed offence punishable u/s 138 of the Act as accused failed to discharge the loan borrowed by him - Moreover, complainant proved that cheque was issued for legally recoverable..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Documents produced by accused in his evidence before trial establishes that he has a business transaction with complainant and he issued cheque in favour of complainant in discharge of his liability - Even, DW1 failed to rebut presumption raised against him..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When once signature on cheque is admitted, presumption u/ss 139, 118 of the Act comes into play and such presumption has not been rebutted by any legally tenable defence - Conviction upheld...........
