Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused has already undergone jail sentence of about 23 days out of 6 months - Incident took place in the year 2008 - Accused was on bail during trial, appeal and revision and he did not misuse the liberty - No purpose would be served sending accused to jail after such long..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice not proved - Accused cannot be convicted solely on the basis of answers given by him in his examination u/s 313 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Not produced before Court - Notice not proved and marked an exhibit - Very foundation of case is wrong and thus not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Summoning order was passed without following the drill of S.202 Cr.P.C - Order of summoning of accused set aside - Matter remanded back to Magistrate to consider the matter afresh in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to determine age of ink - Specific defence set up by accused that cheque in question is lying with complainant since 2010 when his bank account was got opened by complainant - Accused by way of application intends to bring forward the fact that ink used for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere presentation of cheque issued by accused would not amount to acceptance of any debt or liability - Complainant had to show that cheque was issued for an existing debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suppression of material facts by complainant - Liability qua both the cheques was settled through two separate RTGS bank transactions - One cheque was returned to accused in consequence of said RTGS settlement - However, said fact was withheld by complainant while filing the complaint - Even, said RTGS..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to prove that cheque was dishonoured for want of sufficient funds - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Loan advanced to accused from the account of firm and not from personal account of complainant - Books of account or income Tax returns of firm of complainant have not been produced - Had the complainant produced said documents, facts concerning enforceable debt could have been easily..........
