Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - Legislature by using word `shall' in S.145(2) of the Act has casted a mandatory duty upon Court to call witnesses for examination/cross-examination on application of prosecution or accused - Thus, Magistrate failed to consider that..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Admittedly, presumption is available in favour of a holder of a cheque with regard to existence of a legally recoverable debt, however, same is a rebuttable presumption and standard of proof for rebuttal is preponderance of probabilities - In the instant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Landing capacity - Either by way of reply to the notice or in the cross examination of complainant there was no denial of lending capacity of complainant - Even in the evidence of accused, there was no denial of lending capacity - Contention regarding lending capacity is apparently untenable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - No reply given by accused and defence raised at time of cross-examination of PW1 nothing elicited in cross examination to disbelieve case of complainant and more emphasis given with regard to discrepancy in name of complainant -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pleading that cheque was issued in April, 2013 - However, in cross examination it was stated that cheque was issued in the month of October, 2013 - Accused admitted his signatures on cheque - Held, statement of complainant qua issuance of cheque relates to insignificant aspect of the case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Legally enforceable liability - Accused admitted his liability to repay amount mentioned in Written agreement between parties - There is thus, no escaping fact that it was a legally enforceable liability - Evidence was led before Court pertaining to financial capacity of complainant thereby..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Merely because earlier counsel has shown laxity in not cross-examining the complainant, on that score, it cannot be construed as a ground to recall witness and permit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Full and effective opportunity already afforded to petitioner to cross-examine complainant - Even, in event any deposits have been made by petitioner in account of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused examined his son in defence who deposed that his father had never taken loan from complainant - However, in cross examination he accepted that his father has taken a loan from complainant - This admission supports claim of complainant - Accused failed to rebut presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on record establish issuance of cheque by accused to complainant for loan transaction - Even, accused not disputed his signature on cheque - Moreover, contention of accused that complainant illegally taken away his brief case containing cheque books and signed papers raises genuine doubt in..........
