Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Signature on cheque not disputed - It attracts presumption - However, said presumption is rebuttable on preponderance of probabilities...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Accused in order to prove his defence and to demonstrate that complainant in a particular case did not have the financial capacity, can produce independent witness on his behalf or can demonstrate the same pointing to any lacuna in the material..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Proof - Friendly loan advanced in the presence of one `S' who is not examined as a witness - It does not appeal to prudence that complainant who was a teacher, drawing a salary of Rs.17,000/- per month would have advanced a friendly loan of Rs.Two lakhs, without any receipt or even..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, 83 -- Dishonour of cheque - Issuance of proclamation - Satisfaction of Court must be indicated in the order that despite service of notice, summon, bailable warrant and non bailable warrant the person concerned deliberately avoided the proceedings - Order issuing proclamation lacking..........
Negotiable Instruments Act, 1881, Section 138, 148(3) -- Dishonour of cheque - Order passed u/s 148(3) of the Act for release of amount of interim compensation - Revision against such an order is not maintainable, as it is only an interlocutory order and same does not amount to intermediate order...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Earlier application for expert opinion was dismissed, as accused failed to cross-examine complainant - Now cross-examination is conducted, which is change in circumstances - However, trial Court while rejecting the present petition not considered the said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If the cheque is drawn not on the account maintained by accused but by some other person, same will not attract the provisions of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that cheque was not issued by him on an account maintained by him - However, complainant contended that said plea was not taken before trial Court - Contention of complainant rejected, as accused has a right to remain silent and complainant cannot take advantage of the fact that he had..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque admitted - There is no necessity to examine `S' in whose presence the cheque amount was advanced...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once the defence as propounded by accused is found to be improbable, argument that blank cheque had been given to one `H' and as such complainant was not holder of a cheque in due course is without any basis...........
