Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial assistance - Failure to show if any sum was advanced towards financial assistance - Cheque amount not reflected in complainant's balance sheet - Other partners of firm did not depose as prosecution witnesses to establish that cheque amount was advanced to accused as financial assistance -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Photocopy of legal notice - Secondary evidence of photocopy of legal notice allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting an inquiry u/s 202 Cr.P.C - Affidavit not filed in lieu of enquiry - Summoning order quashed...........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Evidence Act, 1872, Section 138 -- Re-examination of a witness - Cannot be permitted to take away the effect/withdraw any statement made during examination/cross examination of a witness...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Civil Court finding that cheque in question was only for purposes of security - Criminal proceedings under the Act unsustainable - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 3 cases - Concurrent running of sentences - First conviction of accused recorded in the year 2022 and thereafter he was convicted and sentenced in two cases in the year 2023 - Appeal filed by accused against conviction are pending - Having regard..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - Rule to deposit 20% of compensation amount at appellate stage is not an absolute rule but can be accommodate exceptions in exceptional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When defence of accused is not believable, inference can be drawn that he made a transaction with complainant and issued cheque for said transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Plea that cheque was not presented within validity period, rejected, as bank accepted the cheque and issued intimation slip which indicates that cheque was presented within validity period - Prima facie case is made out against accused - Order taking cognizance and issuance of process is proper...........
