Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant failed to give details of month and year when loan was given - Complainant apart from making bald statement that he had advanced loan miserably failed to prove existence of legally enforceable debt - Defence taken by accused that his cheque book was lost substantiated by producing..........
Negotiable Instruments Act, 1881, Section 138(c), 139 -- 138(c) Proviso - Dishonour of cheque - Notice not issued by authorised representative of Bank - He had neither personal knowledge of facts nor produced original file - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Accused though denied case of complainant in toto, but by making statement u/s 313 Cr.P.C that his signed cheques were stolen and misused by complainant, he virtually admitted the factum with regard to issuance of cheques and his signatures thereupon - Since accused failed to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature of accused on cheque is genuine and nor forged as per forensic examination - Defence of accused is that his cheque book had been fraudulently obtained by complainant by forging his application - However, bank witness deposed that other cheques from same cheque book issued by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Financial Capacity - Once accused admits of receiving loan from complainant, such admission clearly goes to show that complainant was having capacity to lend money to accused - Subsequently questioning capacity of complainant to pay such amount would never arise as a defence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque is admitted by accused, Magistrate is bound to raise presumption u/s 139 of the Act by presuming that such cheque was issued towards legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Only creation of doubt would not be sufficient enough to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Repayment of entire loan amount - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by documentary evidence by complainant - Rebuttal of presumption by giving suggestions to complainant is uncalled..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused admitted the financial transaction between her and complainant - Issuance of cheque has to be considered as towards legally enforceable debt - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused can either adduce independent evidence or rely on evidence tendered by complainant to rebut presumption...........
