Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of witnesses - Prima facie there was substance in the plea of accused for the purpose of leading additional evidence in defence - It would have not caused prejudice to complainant as complainant would have got a chance to cross-examine witnesses..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought on the ground that statutory notice of demand not served upon accused - It is a triable issue - A defence available to accused could not have been gone into by Magistrate at the time of taking cognizance of compliant and issuance of process - Ground urged is without any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91, 311 -- Dishonour of cheque - An application filed by complainant u/s 311 Cr.P.C. was allowed and evidence of PW2 was recorded and bank statement was exhibited - Accused filed an application to call Bank Manager in his evidence to rebut the evidence given by complainant - Prayer of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - No acceptable documents was produced by Complainant to show that alleged amount due to him has been quantified - Accused had rebutted statutory presumption and raised probable defence which creates doubt about existence of legal liability - In such circumstances, burden..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No denial to signatures on cheque - Plea that cheque not issued in discharge of any legal enforceable debt but had been misused as in fact no goods had been received by him - Accused not able to raise a probable defence even while referring to the cross examination of complainant and his witnesses -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In appeal against conviction Appellate Court set aside conviction and remanded the matter as accused was denied an opportunity to produce documents in defence and denied him opportunity to cross examine the relevant witnesses testimony - Order upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-registration of FIR for theft of cheque by accused cannot be held to be fatal to defence of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused took the defence that loan was repaid - Complainant failed to prove that there was outstanding amount and no account books, ledger account or statement of loan was produced - Complainant failed to discharge onus cast upon him that cheque was issued for discharge of debt or..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert sought to be examined by accused in rebuttal on the plea that ink of signing the cheque and filling remaining particulars of cheque are different - Application dismissed on the ground that accused has admitted signing the cheque as such deposition of..........
