Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal subject to payment of costs to Legal Services Authority - When complainant does not want any further amount and appellant has expressed his inability to comply with the same, direction imposing costs on appellant to be paid to Legal Services Authority cannot be sustained in the eye of law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If accused is able to raise a probable defence, which creates doubts about existence of a legally enforceable debt or liability, prosecution can fail...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Evidence on record shows that there was no financial transaction between parties in connection with execution of exchange deed - Accused has disputed the transaction and financial capacity of complainant - He has succeeded in rebutting the presumption regarding consideration in favour..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - While dealing with presumption u/s 139 of the Act, accused has two options: (i) debt/liability does not exist i.e by leading defence evidence and conclusively establishing with certainty that cheque was not issued in discharge of a debt/liability; and (ii) to prove the non-existence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount of Rs.3 lakhs was given to accused for securing a job for complainant - Such payment for securing Government employment would be considered a bribe and is opposed to public policy rendering it void ab initio from very beginning - Since cheque was issued to repay said amount, there is no legally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company already declared insolvent and a Resolution Professional appointed u/s 7 of Insolvency and Bankruptcy Code, 2016 - Does not in any manner affect the proceedings arising out of offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction u/s 138 of the Act cannot be termed as an offence involving moral turpitude...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act arises out of contractual dispute between parties - Involvement cannot be said to be an offence which affect conduct of person - Such conduct cannot be also implied to affect his good conduct...........
