Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition of deposit 20% amount of compensation - Appellate Court while considering application u/s 389 Cr.P.C, has to consider as to whether it is exceptional case which warrants grant of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused was aged around 24 years at the time of incident and now he is 46 years old - He has already suffered the agony of protracted trial, spanning over a period of more than 22 years and he remained incarcerated for some time after passing of judgment - Looking to the long..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Payee/holder of cheque can file case u/s 138 of the Act against drawer of cheque and simultaneously can also file a civil case for recovery...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stand of petitioner/accused that he had borrowed only Rs.1 lakh from complainant and repaid the same, not supported with any materials - Evidences of DW1 and DW2 does not support the stand of petitioner - Petitioner not denied his signature and issuance of cheque but takes a different stand as regards..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - When signature on cheque admitted then presumption u/s 139 of the Act shall arise...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused not led defence evidence - His statement u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption - Merely pleading not guilty would not suffice to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.3,60,000/- without interest - Loan given in May, 2016 - Cheque of Rs.1,80,000/- towards part payment issued in July, 2019 - Presumption - Not rebutted - Merely because complainant is unable to produce documents to support existence of debt (usually in the form of a friendly loan..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Not rebutted - Onus does not shift upon complainant - Accused cannot be acquitted by holding that no interest was charged, friendly relations between parties not proved, financial capacity not established and most importantly, guilt of accused not proved beyond reasonable doubt...........
