Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Financial capacity - Complainant borrowed a sum of Rs.12 lakhs from relative of accused prior to present case - It is thus, extremely doubtful that a person who had borrowed Rs.12 lakhs was in a position to lend Rs.3 lakhs to accused that too without any corresponding documentation - Acquittal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant could very well have produced documentary evidence to substantiate the fact that accused owed a debt or liability to the complainant either in the context of the business transaction or in the context of the accused simply borrowing money - Same not having been done, leads to only one..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of proceedings - Dishonour of cheque - Since cheque was given, to be present upon a contingent event accruing or a contingent condition being fulfilled until condition was fulfilled by complainant and if cheque had been presented before the said date, then it could be..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Death of accused - Interim compensation cannot be recovered from estate of deceased accused - However, compensation awarded u/s 138 of the Act can be recovered from the estate of deceased accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Accused is discharged of the presumption the moment he raises reasonable suspicion with respect to due execution of cheque - Once such suspicion is created by an accused, burden of proof thereafter shift upon complainant to prove that cheque had been executed in discharge of a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Existence of legally enforceable debt is a pre-requisite for issuance of a cheque...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence is permissible even at appellate stage...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have amicably settled the matter - Complainant is satisfied with the amount deposited by accused and is not interested now to pursue matter any further - He has no objection for compounding the offence - Matter allowed to be compromised subject to deposit of costs @..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Perusal of material on record it is not in dispute that signatures of accused available at cheque - As per defence of accused, complainant was running chit business and in order to prove the same no material was placed and even not examined any other subscriber of said chit to prove factum that..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Power u/s 147 of the Act can be invoked at any stage of proceedings i.e at the stage of trial, appeal or at revisional jurisdiction and Courts should be liberal in exercising such powers...........
