Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question dishonoured on account of insufficient funds - No evidence has been produced by accused that he does not have any account in bank on which cheque in question had been drawn - Testimony of complainant has not been shattered/diluted during cross-examination - Defence raised by accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once the defence as propounded by accused is found to be improbable, argument that blank cheque had been given to one `H' and as such complainant was not holder of a cheque in due course is without any basis...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parallel proceedings under Arbitration Act and criminal action in terms of S.138 of the Act can be maintained - If at all there is any award in proceedings before arbitration, then at the most, it can be a defence to accused and cannot be a ground to hold complaint u/s 138 of the Act not maintainable -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factual questions in the nature of defence are raised by accused - Such disputed questions has to be decided by examination of parties and cannot be considered in a petition u/s 482 Cr.P.C - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque alleged to be forged - Accused can procure certified copy of his specimen signatures from the Bank and request can be made to summon the concerned Bank Official in defence for giving evidence regarding the genuineness or otherwise of the signature on the cheque...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Signature on cheque alleged to be forged - Additional evidence at appellate stage - Comparison of signatures by handwriting expert - Despite having opportunity, accused did not put any question to the bank official examined in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to determine age of ink - Specific defence set up by accused that cheque in question is lying with complainant since 2010 when his bank account was got opened by complainant - Accused by way of application intends to bring forward the fact that ink used for..........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Questions were put with the object of proving that prosecution case was doubtful - Causes serious prejudice to the defence of accused - Accused rightly acquitted...........
Evidence Act, 1872, Section 138 -- Eye witness - Cross examination - Several material questions which were very relevant were not allowed to be put to the witness - Plea that if there is prejudice then evidence of such witness can be discarded - Held, if questions would have been allowed, there was a possibility that the answers might have been relevant to discredit the..........
