Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - Neither petitioner/complainant had capacity to pay loan nor he could disclose any source of income by which he was in a position to advance loan to respondent/accused - Evidence against respondent/accused is contrary to his submission - At every stage he continued to change his..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Acquittal - Leave to appeal - Respondent No.2 rebutted presumption provided u/s.118(a) and S.139 of NI Act, 1881 by denying that he had received Rs.80,000/- from petitioner - By eliciting testimony from petitioner that he had no proof of payment of Rs.80,000/- to respondent No.2 and that he..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque was issued for a legally enforceable liability after closure of account - Held, offence u/s 138 of NI Act is made out - Acquittal of accused liable to be set aside - Appeal allowed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Acquittal - Validity - Plea of accused that cheques were issued to complainant by way of security for due performance of work entrusted and complainant failed to perform its part of contract and as cheques were not issued for due repayment of amount of Rs.100 lakhs, ingredients u/s. 138..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - Cheque, on presentation by petitioner/complainant, was received back initially with word "stop payment" - Cheque itself has been exhibited and a physical and visual inspection of cheque would clearly show that petitioner either itself or through its employees has erased..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Complaints dismissed in default resulting in acquittal of accused - Condonation of delay applications filed by Petitioner/Corporation after lapse of 620 days - Reasons sighted were failure of counsel to give intimation about status of cases, disputes regarding fees payable to counsel, and bifurcation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Proof - Complainant/appellant is a student studying C.A. and there is no record to show that she is earning member - Defence raised by accused/respondent that complainant/appellant did not have necessary means for advancing loan - Held, initial burden is upon complainant to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Accused alleged to have taken loan from complainant for business - Complainant himself admitted that cheque in question was issued by way of security - Held, cheque in question cannot be treated as issued for discharge of any legal liability - Petitioner failed to prove guilt of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque drawn in favour of "self" - Complainant not payee of cheque - Accused acquitted as complainant is not payee of cheque - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Except signature of respondent all other particulars in cheque were admittedly filled up by complainant - Complainant altered cheque by entering computerized account number which was later blurred/erased - Complainant failed to prove that respondent had voluntarily and willingly..........
