Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given as security - Appellant complainant failed to prove his case that cheque was ever given to him by the accused in settlement of his legal debts - Respondent accused established that blank cheque was given by him to Combat Drugs Ltd. as security which somehow came in the hands of complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption as to - Rebuttal of - Respondent accused has been able to make out a reasonable defence during trial in the Court below by bringing evidence on record to show that said blank cheque was given by him to Combat Drugs Limited and not to complainant - Held, once a reasonable doubt in prosecution..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Petitioner has admitted signatures and amount on impugned cheques - Application filed by petitioner u/s 73 of Evidence Act for ascertaining life of cheque and revision has also been dismissed by competent Court - Petition filed u/s 482 of CrPC claiming same relief - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of witness - Refusal - Validity - According to petitioner cheque amount was repaid to complainant in the presence of "H" and a receipt has been issued by complainant - Held, if receipt has been issued by complainant, then there is no need to produce..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Proof - If complainant's case is to be believed to be true, it was a friendly loan, not connected with any business transaction between parties, which had to be repaid in the name of complainant and not in the name of any business concern - Held, issuance of cheques in the name of Nisha Roadways clearly..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of Cheque - Signature on cheque - It is undisputed fact on record that disputed cheque was issued from cheque book of applicant - Initially, the case was contested by applicant on the defence that cheque was not given in consideration of some loan but the same was given as security..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 407, Negotiable Instruments Act, 1881, Section 138 -- Bail - Dishonour of cheque - Cheating - Grant of anticipatory bail - Dispute between two business groups - Petitioners have not denied amount which is to be recovered by complainant but their stand is that they are also entitled to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.1.60 lacs by a Govt. servant drawing monthly salary of Rs.6,000/7,000 per month - Loan without any written agreement or documentation and without any interest - Complainant proving withdrawal of Rs.90,000 from his bank account and the fact that complainant was running a committee giving..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Determination of - Complainant has neither produced any cogent legal evidence nor produced accounts and any bills/receipts showing dealing between complainant and accused in respect of business transaction pertaining to disputed cheque in question - Held, it was incumbent upon..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presentation of cheques - Interim injunction - Maintainability of compliant u/s 138 of NI Act - 1st respondent issued notice to petitioner demanding to pay the cheque amount - Petitioner issued reply notice and thereafter he filed O.P. and obtained interim injunction against 1st respondent preventing..........
