Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, appearance of complainant - As per evidence on record, complainant was absent and his counsel applied for leave and sought for an adjournment which was rejected by Court below as there was a specific direction to produce..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary procedure - If procedure of summary trial is strictly adhered to by trial Court irrespective of complexities involved in the case, it is accused who is likely to be prejudiced as only substance of evidence would be record and right of extensive..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Examination of handwriting expert - Expert not examined inspite of grant of opportunity at the time of defence evidence - Accused in his examination u/s 313 Cr.P.C. pleaded that he is not interested to lead defence..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed hand writing - Expert opinion - Accused can seek opinion of handwriting expert and can examine him as a witness - No question arises for sending cheque to FSL - Accused can also apply for summoning the concerned bank officials to ascertain interpolation of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Affidavit of examination-in-chief of witnesses of accused - Permitting accused to file affidavit in lieu of examination-in-chief is illegal - Trial vitiated on account of procedural lapse - Case remanded for proceeding further from the stage the case was posted for leading defence evidence - Affidavits..........
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, 139, 118(a) -- Dishonour of cheque - Presumption u/ss 118(a), 139 of Act can be rebutted (i) through direct evidence of accused; (ii) material on record; and (iii) by reference to circumstances upon which accused relies - Standard of proof is essentially that of preponderance of probabilities and not proof beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant failed to prove that cheque in question is towards discharge of existing legal liability, as there is no iota of evidence to prove the alleged transaction of purchase - Several admissions of complainant are fatal to his case as they have..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by company - Court below set aside issue of summons against accused Nos.3 to 6 as cheque signed by second accused only - As per allegation in complaint, they were attending day to day affairs of company physically being in office, therefore, there is sufficient..........
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...........
