Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Original cheque, original written memo and other relevant papers fell on road in transit - On the same day police complaint was lodged - While issuing process, the documents were before Magistrate - When documents were lost then necessary permission..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Cheque was issued as a security therefore no liability u/s 138 of the Act can be fastened upon respondent - No witness was examined to verify authenticity of ledger statement - Entries in books by themselves are not sufficient enough to charge any person with liability - Moreover,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant apart from making a bald statement in cross examination had not produced any evidence to substantiate advancing loan - Complainant was not able to discharge onus that cheque was issued for discharge of debt or other liability as no document or books of account were produced -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Appellate Court duly considered the overall facts and circumstance of case as well as duly appreciated the evidence and material available on record of the case - No grounds made out to warrant any interference in order of acquittal passed by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Financial capacity - Complainant borrowed a sum of Rs.12 lakhs from relative of accused prior to present case - It is thus, extremely doubtful that a person who had borrowed Rs.12 lakhs was in a position to lend Rs.3 lakhs to accused that too without any corresponding documentation - Acquittal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant could very well have produced documentary evidence to substantiate the fact that accused owed a debt or liability to the complainant either in the context of the business transaction or in the context of the accused simply borrowing money - Same not having been done, leads to only one..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Cross-examination of complainant demonstrates that accused did not deny execution of cheque - He did not deny his transaction with complainant - Rather during his examination u/s 313 Cr.P.C. he stated that he had a business transaction with complainant for which he issued a blank cheque..........
