Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dismissal of complaint u/s 138 of N.I Act - Remedy available to victim is to seek special leave to appeal u/s 378(4) Cr.P.C, whether victim is complainant himself or somebody else...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Accused allegedly issued cheque to complainant towards discharge of his liability related to promissory note executed by him - Non-production of alleged promissory note by complainant before Court - Cheques have been issued on the same day as that of execution of note -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not denied by accused - It is to be presumed that cheque in question was drawn for consideration and the holder of cheque i.e. complainant received the same in discharge of an existing debt - Onus, shifts on accused to establish a probable defence so as to..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Source of funds - Once presumption u/ss 139, 118 is drawn the onus shifts to accused - Unless accused discharges the onus by bringing on record such facts and circumstances as to show preponderance of probabilities in his favour, any doubt on the complainant's case could not be raised for want..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acknowledgement regarding existence of debt on stamp paper - Said writing not bearing signatures of complainant - Said writing is not in the nature of bi partite agreement to be signed by the parties thereto - It is a writing in the nature of acknowledgement by accused about existence of a debt; about..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan of Rs.10,00,000/- - Source of income - Non-filing of income tax return - Non filing of Income Tax Return by itself does not mean that complainant had no source of income - No adverse inference can be drawn in this regard only because of absence of Income Tax Return...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt/liability - Where accused failed to satisfactorily explain circumstances under which cheque was issued by accused or misused by complainant, then it can be safely inferred/presumed that cheque was issued in discharge of legally recoverable debt/liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Court below found that cheque contained signatures of accused and it was given to complainant to present in Bank, said act raises presumption u/s 139 of the Act, which was not rebutted by accused - Even, accused did not come in the witness box to support his case - Rather, accused in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - Plea of forged signatures raised in cross examination of complainant and in statement u/s 313 Cr.P.C. - Accused permitted to get his signatures examined by handwriting expert...........
