Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity of complainant - Complainant admitted that he did not have financial capacity to pay Rs.3,10,000 - He claimed that he had Rs.1 lakh in cash with him and he borrowed rest of amount from his two friends and his father - Complainant also admitted that he had known the accused for 8-9..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity of complainant - Complainant admitted that he did not have financial capacity to pay Rs.3,10,000 - He claimed that he had Rs.1 lakh in cash with him and he borrowed rest of amount from his two friends and his father - Complainant also admitted that he had known the accused for 8-9..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to give his evidence by way of an affidavit - S.145(1) of the Act only entails a complainant to tender evidence in such a mode...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence subject to deposit of minimum of 20% of compensation/fine amount - Accused was suffering from financial hardship and is unable to pay minimum of 20% of fine or compensation - He is willing to actively co-operate for speedy disposal of appeal - Insistence of payment of 20% of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Commission agent - Pre existing `Arhant' relationship between parties - If payment has been made by complainant to accused, it cannot be assumed to be a loan unless otherwise proved - Account books cannot be equated with a promissory note - No explanation as to why loans were given without..........
Negotiable Instruments Act, 1881, Section 138, 87, 20 -- Dishonour of cheque - Material alteration - Amount mentioned in number is seen to be altered - However, amount mentioned in the word is not altered - It cannot be said that cheque is materially altered in respect of the amount...........
Negotiable Instruments Act, 1881, Section 138, 87, 20 -- Dishonour of cheque - Material alteration - Issuance of signed blank cheque - If any alteration appears on the body of cheque, such alterations need not require consent of accused/drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution admitted - S.139 of the Act mandates the presumption that cheque was issued for the discharge of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question lost during transit - Original cheque was produced by complainant and the same was lost in transit during trial - Cheque was dishonoured for the reason `Payment stopped by drawer' and not that signature on cheque differed or that signatures were forged - Cheque now reconstructed -..........
