Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Two views - Held, in a case, when two views are possible, one which favours the accused, has to be adopted by Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan of Rs.50, 000/- - Denied by accused - Complainant having no financial capacity to lend the loan amount - Except cheque no other documentary proof - S.269-SS of Income Tax Act, 1961 insists that all transactions involving Rs.20, 000/- and above, should be through `account payee cheques' and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Claim by money lender against borrower without a valid and operative money lending license covering period of transaction is unenforceable claim u/s 138 of the Act - Complaint is bound to be dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Only legally enforceable debt or liability can be enforced in the proceedings u/s 138 of the Act, as the explanation to the penal provision is abundantly clear that the dishonoured cheque must have been received by the complainant against a legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused has to be specific as to why the cheque was issued - If it was issued for the purpose of security or any other purpose and not to discharge any debt or liability then only Court may be justified to hold that cheque issued did not come within the purview of S.138 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque alleged to be issued against loan - Held, when theory of loan transaction is propounded on behalf of the complainant, the financial capacity of the two parties also assumes significance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No document to show loan - Persons in whose presence loan was given not examined - Evidence of PW2 inconsistent and contradictory - Cheques were given as part repayment of purchase money of the shop - Complainant had no financial capacity to advance loan - Defence probable - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - On the ground of stop payment and difference in signatures of drawer - Order of cognizance and issuance of process challenged in revision - Held, difference in signatures appearing on the impugned cheque is of no consequence at this stage - Further held, that a party should not be allowed to get away..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque on ground of stop payment - Order of cognizance and issuance of process challenged in revision on the ground that the cheque was issued only as a security - Held, at the stage of taking cognizance, Court is look into the materials placed before it by the complainant - The Court taking cognizance is not to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Conviction - Appeal - Payment of compensation - Held, even if the amount is deposited by petitioner/accused before trial Court, that amount could not be paid to complainant before the appeal is decided...........
