Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Friendly loan of Rs.15 lakhs by Income Tax practitioner to his client - Blank signed cheque issued for its repayment - Loan advanced not by cheque or demand draft or RTGS and without obtaining any writing to this effect - Such loan not shown in the income tax return of complainant - Held, (a)..........
Negotiable Instruments Act, 1881, Section 138, 139, 20, 87 -- Dishonour of cheque - Issuance of signed blank cheque - Subsequent filling in of an unfilled signed cheque is not an alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - If a signed blank cheque is voluntarily presented to a payee, towards some payment, payee may fill up the amount and other particulars - This in itself does not invalidate the cheque - Onus will still be on accused to prove that cheque was not in discharge of debt or liability by adducing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There is no embargo for holder of cheque to fill up its body in case blank cheque is handed over to him by a person to discharge his liability with instructions to fill it at appropriate time...........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 120B -- Disclosure statement - Recovery of torn page of bahi and ledger - Murder - Dispute regarding some money transaction - Alleged bahi was never produced to prove the provonance of torn piece of blank paper containing signatures of deceased - Similarity of ink on said torn piece of paper and ledger..........
Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 18 -- Recovery of 87 items of drugs stored without license - Accused contended that their signatures were obtained on blank papers - However, it is evident that no complaint was lodged by accused regarding same - Contention rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 400 gms charas - Search and seizure - Contention that in recovery memo, site plan, arrest memo etc, FIR number of case finds mentioned - Contention rejected, as FIR no. incorporated in said documents is in the blank space, which indicates that same filled up later on - Said fact got..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25 kg poppy husk - Search and seizure - Perusal of recovery memo, site plan, consent memo etc. shows that column of FIR No. was kept blank and was later on filled up - This fact creates no suspicion about prosecution case and reflects that FIR no. was filled up only after official who took ruqa..........
Indian Penal Code, 1860, Section 307, 332, 353, Arms Act, 1959, Section 3, 25 -- Conviction - Cross-firing - False implication of accused - Appreciation of evidence - As per prosecution story when `N' and accused were running away from their house, they fired at police party, in crossfire `N' sustained gun shot and died - It is revealed that police party fired from a..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of two cheques - Presumption - Accused issued a Pronote for amount covered by cheques which states that it was being issued for loan - Defendant admitted that cheques and Pronote were signed by him - Defence taken by defendant that he allegedly issued 10 blank cheques in 1995 for repayment of loan, not..........
