Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Defence plea of previous loan transaction between him and the friend of father of the complainant was false - Defence that the blank cheques were issued by way of security was dishonest - Existence of consideration which was statutorily presumed not disproved - Accused did not tender any evidence..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued by wife of contracting party, who is arrayed as respondent, claiming one lakh against scrap - Receipt showing that respondent was liable to pay only Rs.20, 000/- as payment of Rs.50, 000/- and Rs.30, 000/- has been made as per endorsement on receipt - Held, since part payments are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - No part of transaction took place at the residence of complainant and there was no stipulation that payment was to be made at place of residence of complainant, such mere residence of complainant does not confer jurisdiction on Court at place of residence of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Blanks in the cheque not filled by accused - Huge amount of Rs.6.40 lacs involved - No explanation for giving such huge amount in cash which is against the provisions of Income Tax Act - Trial Court directed to allow the complainant to adduce further evidence that she was possessing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused stated that he was owing a sum of Rs.49, 000/- but complainant misused cheque and filled in cheque of Rs.80, 000/- - Held, since complainant is holder of cheque duly signed by accused and accused admitted that there were commercial relations between parties, therefore presumption has to be drawn..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against company - Cheque allegedly issued by petitioner as authorised signatory on behalf of firm to discharge liability - Specific averment in complaint that it was petitioner who was responsible for day-to-day administration and all business transaction of firm and, in his capacity as..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Transaction and handing over of cheque totally denied - Veracity of the prosecution case as to transaction and execution of cheque has to be examined in reference to the materials tendered by the prosecution...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspicious circumstances surrounding the transection - No satisfactory explanation tendered by the holder of the instrument - Conviction is not legally permissible, solely banking upon the statutory presumption - Court is expected to examine whether the transaction covered by the cheque is genuine and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - To launch prosecution against Director of a Company there must be a specific allegation in the complaint as to the part played by him in the transaction - There should be clear and unambiguous allegation as to how the Director is incharge and responsible for the conduct of the..........
