Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for debt due or by way of security - Difference - If cheque is issued for debt in present, but payable in future, than it amounts to debt due, but, if cheque is issued for debt which may become payable in future upon occurrence of contingent event, it will amount to cheque by way of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No document to show any loan transaction - Complainant also not proved his capacity to give such a big loan - Even if complainant had collected the money from his grandmother and relatives, then why he has given such a huge amount to accused without obtaining any security document/receipt - Probable..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Admittedly, complainant has no friendly relationship with accused, hence, there is doubt that why complainant will give such a huge amount without getting executed any security document - Even, there is nothing on record to show any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for refund of amount deposited towards security - It is liability which is legally recoverable - It cannot be said that cheque was issued as security...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Issuance and dishonour of cheque is proved on record - Demand notice given to accused was also proved on record - Cheque was duly signed by accused - It is proved on record that despite demand notice accused did not pay the amount due - Testimonies of CW1, CW2 are trustworthy,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their having been issued and handed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Presumption - It amounts to acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It is acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability - In the instant case, if cheque is taken as security cheque, then accused has made himself liable as he has not sent any payment to complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of loan - Particular of loan as to when it was given and amount of loan not disclosed - Defense of accused that cheque was given by way of security and misused by complainant is certainly plausible - Accused rebutted the presumption - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Neither loan shown in income tax return nor in any other document - Even, no security document was taken at the time of lending the loan - Moreover, no source of huge amount of Rs.3,50,000/- has been disclosed by complainant -..........
