Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It cannot be said that accused issued cheque in question in discharge of his legally enforceable debt or liability - Even, complainant failed to establish his case and therefore, there is no illegality committed by trial Court in acquitting accused - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - There is nothing on record as to how complainant was having the balance of this amount - Even, there is nothing on record regarding books of accounts - Courts below rightly acquitted accused from the charge u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Accused has taken specific defence that signature found on the cheque does not belong to her and she has not at all received sum of Rs.7 lakhs from complainant - Even, cheque was dishonoured for the reason that `drawers signature..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Conviction - There is 3 months gap as to dates of cheque and to the date of presentation and the dates of events are inexplainable by complainant - Thus, accused established a probable defence and presumption u/ss 118, 139 of the Act stand rebutted - In absence of any other..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Appellate Court is not required to rewrite judgment or to give fresh reasonings in acquittal appeals, when reasons assigned by Court below are found to be just and proper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Plea of accused is that complainant obtained cheque from him in order to give him loan and neither returned the said cheque nor gave any loan instead misused the said cheque for filing complaint - Not replying to notice nor filing any police..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Respondent has admitted to have given cheques - Even, signatures are not in dispute and notices were served on him which he did not reply - Thus, respondent could not prove otherwise that he had discharged liability or he had repaid the loan which he had taken from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court acted on a letter of advocate and interfered with order of conviction passed by trial Court - Even, on the face of it appellate Court unnecessarily gave importance to a G.D. entry number which was reflected in notice although original G.D. entry was never..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant did not mention anything about that episode of issuance of two cheques in his complaint petition or during the examination-in-chief - Even, complainant did not explain why those two cheques were given to him by accused person - Moreover, complainant explanation is..........
