Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Plea of issuance of blank cheque and signed blank papers - Statutory presumption cannot be obliterated - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - Legislature by using word `shall' in S.145(2) of the Act has casted a mandatory duty upon Court to call witnesses for examination/cross-examination on application of prosecution or accused - Thus, Magistrate failed to consider that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is duty of accused before Court by adducing evidence to show that cheque was not supported by consideration and that there was no debt or liability to be discharged as alleged...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Director - Quashing of proceedings - High Court while entertaining a petition for quashing shall not consider defence of accused or conduct a roving inquiry in respect to merits of accusations but if documents filed by accused are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Non consideration of petition filed by accused - Execution of cheque proved - Held, mere non consideration of petition filed by accused is not a matter which accused can canvass as a ground which caused prejudice to his defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.3,75,000/- - Source of income - Amount advanced to accused as loan was already kept in the house of complainant for the purpose of building construction - Complainant had thus requisite funds also for advancing loan to accused - Moreover presumption of consideration not rebutted by accused in..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Accused did not disputed his signature in cheque except that it was issued as blank to one person - However, defence case was not probabilised in any convincing manner - Even no rebuttal evidence was adduced by accused - Complainant proved that cheque was issued in discharge of a legally enforceable..........
