Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea that notice was not served at the current address of accused - Notice sent by registered post to the address as given in Voter Identification Card and Driving License in the name of accused - Notice received back with postal endorsement "receiver is not residing at this address" - It..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Three Cheques dishonoured - Sale of site transaction - Once accused made part payment towards his discharge of liability and accused cannot deny remaining payment - Accused has failed to rebut presumption available in favour of complainant - Accused convicted - Acquittal set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Complainant claims that accused committed default in payment of loan - It was not the case of accused himself that loan was prematurely recalled or that was not due as on date of issuance of cheque or presentation of the cheque as the case was denial of availment of loan itself - However,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Part payment made by respondent - Amount of cheque is higher than the amount which actually was due to complainant - Trial Court rightly held that part payment made by respondent ought to have been reflected in the notice issued by complainant - Thus, Court has chosen..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Issuance of cheque by DW1 in favour of appellant company is not disputed - Even, PW2 deposed that respondent no.1 company took loan from bank and fixed deposit certificate was in name of appellant company was kept as a collateral security for said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused has succeeded in rebutting presumption, showing preponderance of probability and hence onus shifts upon complainant to prove otherwise, however complainant has failed to prove that cheque was drawn towards legally enforceable debt - Inference of preponderance of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It cannot be said that accused issued cheque in question in discharge of his legally enforceable debt or liability - Even, complainant failed to establish his case and therefore, there is no illegality committed by trial Court in acquitting accused - Accused rightly acquitted...........
