Negotiable Instruments Act, 1881, Section 138, 118, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Presumption - Admittedly signature in the cheque has not been disputed - Cheque has been issued to `R' in another transaction and not to the respondent/complainant - Moreover, it is duty of the accused to prove that the cheque has been issued to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheques issued towards repayment of loan amount - However, cheques were drawn on account maintained by accused No.3, a proprietorship concern/Hospital - Prima facie material on record shows that applicant and co-accused had applied and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Prosecution launched against only one of the partners of partnership firm, without joining partnership firm - Complaint is not maintainable - Process issued against accused quashed and set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Cheque issued as a friendly loan - Parties have resolved their dispute and compromise was arrived at between parties - Complainant admitted the factum of compromise and he had no objection if accused is acquitted of charge leveled against him - Since offence u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - If cheque is not issued in connection with legally enforceable debt, Court cannot come to conclusion that accused has committed an offence punishable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - As per evidence on record, cheque in question has been issued in respect of time barred debt and therefore accused cannot be fastened with liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of loan - Particular of loan as to when it was given and amount of loan not disclosed - Defense of accused that cheque was given by way of security and misused by complainant is certainly plausible - Accused rebutted the presumption - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Complaint by power of attorney holder - To draw presumption u/s 118 r/w S.139 of the N.I. Act, burden is heavily upon power of attorney holder to show that payee had required funds for advancing the amount to the accused and he issued the cheque in support of the said payment -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, complainant has failed to discharge onus regarding plea of accused of no liability or no, existence of legally enforceable debt - Even, beleaguered attempt was made by complainant to salvage his case when..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Cheques issued for return of purchase price of a plot - Plea that cheques were issued as advance payments and not in respect of legally enforceable debt - Plea rejected - At the stage of summoning accused, there is statutory presumption u/s 139 of Act..........
