Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Permission to send cheque to FSL for expert opinion - As per complainant, case filed in year 2011 and once at request of petitioner cheque was sent to FSL for expert opinion and now petitioner again want to send the same again to expert which will not serve any purpose - Even, report of expert itself..........
Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Blank cheque - Signatures admitted - When accused admits his signatures then complainant gets an authority to complete the incomplete cheque i.e. to write rest of the contents...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Not shown in income-tax return - Merely because amount advanced is not shown in Income Tax return, in every case one cannot jump to conclusion that presumption u/s 139 of the Act stands rebutted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Presumption u/s 139 of the Act - Complainant shown his capacity to advance hand loan of Rs.80,000 to accused - Factum of giving loan stands established from complaint and deposition of complainant - Complainant thus, proved beyond reasonable doubt that disputed cheque was issued by..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction u/s 138 of the Act - Payment of compensation - Awarding jail sentence to accused may not be in interest of justice - Payment of compensation u/s 357 Cr.P.C to complainant would be in interest of justice - Directions issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Plea of repayment of loan - Oral evidence not sufficient to prove the plea of discharge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jail sentence is not mandatory in an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is duty of accused before Court by adducing evidence to show that cheque was not supported by consideration and that there was no debt or liability to be discharged as alleged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unless contrary is proved, it is presumed that holder of a cheque received cheque of nature referred to in S.138 of the Act for discharge in whole or in part of any debt or other liability...........
