Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused - Accused was also absent on the particular day - Magistrate should not have resorted to axing process, particularly when accused was also not present on that date and therefore, he could very well have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Intention not to make payment when communicated before expiry of 15 days from the date of receipt of notice then not to file complaint before expiry of 15 days becomes redundant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Debt or liability - Once a cheque is issued, presumption arises u/s 139 of the Act and this presumption is rebuttable - Court has to presume that cheque has been issued for a debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Restoration of complaint - It appears that despite the complainant having taken all measures within his power person representing him did not file the process fee for issuance of summons and did not appear for the complainant on date of dismissal of the petition - Dismissal of..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Evidence Act, 1872, Section 138 -- Re-examination - Where there is no ambiguity or where there is nothing to explain, question put in re-examination with sole object of giving a chance to witness to undo effect of previous statement should not be permitted during re-examination...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Issuance of cheques and Memorandum of understanding are not disputed by accused - Sale consideration aspect pales into insignificance as cross-examination of complainant in respect of MOU is inconsequential and accused has not led any evidence to show that MOU was obtained under..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Loan stated to be advanced in the month of April but date on which loan advanced not stated either in the complaint or in examinatio, i, chief - Contention that complainant lent the loan and in discharge of said loan accused issued the cheque to discharge the legally recoverable debt cannot..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When complainant himself is unable to show source of income and capacity to pay and date of issuance of cheque throw suspicion and cloud in evidence of complainant, it is not possible to accept evidence of complainant that there is any legally recoverable debt payable by accused...........
