Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5) -- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Delay - Condonation - There is no hard and fast rule as to what constitutes sufficient cause to condone delay - A provision should be liberally construed so as to give substantial justice to the approaching party...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, accused has rebutted presumption u/s 139 of the Act of existence of legally enforceable debt by establishing that there was no receipt of loan - Neither such advance was shown in ITR return of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, complainant has failed to discharge onus regarding plea of accused of no liability or no, existence of legally enforceable debt - Even, beleaguered attempt was made by complainant to salvage his case when..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Complaint u/s 138 of N.I. act dismissed by trial court - Leave to appeal against order of acquittal passed by trial court lies before High Court u/s 378(4) of CrPC and not before Sessions Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Disclosure of date of service of notice in complaint - It is not the requirement of law that date of service of statutory notice is to be disclosed in complaint at the stage of summoning - Where complaint alleges that registered notice was issued, presumption of due service can be made - Requirement of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice - Complaint is pre mature and is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Single complaint - Four cheques in a seratum, were presented in a single account of complainant - All cheques were dishonoured for want of funds followed by combined registered statutory notice - Single complaint is maintainable as all the cheques formed part of same transaction...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Cheques issued for return of purchase price of a plot - Plea that cheques were issued as advance payments and not in respect of legally enforceable debt - Plea rejected - At the stage of summoning accused, there is statutory presumption u/s 139 of Act..........
