Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Guarantor - Loan transaction - Accused stood as guarantor for repaying loan taken by co-accused - No evidence on record that accused handed over cheque in question for clearing dues of his father towards complainant Firm - Surety bond which accused gave to complainant does not mention number of cheque -..........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Admission - Can accused rely upon his own bank account statement and contend that he had not transacted with complainant at all ? - No - As it is not the case of complainant that he gave loan by cheque - Moreover, account statement of accused is admission, which can..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - A Person who signs a cheque and makes it over to payee remains liable unless he adduces evidence to rebut presumption that cheque had been issued for payment of a debt or in discharge of a liability - It is immaterial that cheque may have been filled in by any person other than the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Blank cheque - Presumption - Blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption u/s 139 of the Act, in absence of any cogent evidence to show that cheque was not issued in discharge of a debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that statutory notice was not served on him and that complainant had no ability to advance amount - Plea held not tenable as on basis of statutory presumption available to notice sent by registered post in correct address and also on basis of evidence of PW2, trial Court..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion regarding signatures therein - In reply notice plea of security cheque raised - Held, in absence of any dispute raised by accused in reply notice with regard to issuing cheque in favour of complainant, trial Court was not justified in allowing prayer for..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Accused did not lead defence evidence for six dates - Defence evidence closed by order - Accused was not present on the day his evidence was closed - Trial Court to grant one effective opportunity to accused to lead his defence evidence subject to payment of Rs.25,000/- as..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65B -- Dishonour of cheque - Computer generated invoices - Certificate u/s 65-B of Evidence Act not produced which was incumbent upon complainant to produce certificate as required u/s 65-B of Evidence Act and to examine the Accountant - Merely because in the income tax record, complainant firm has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques in question was signed by accused - Though complainant alleged that co-accused had visited their premises and had promised for encashment of cheques, yet no evidence was led in support of same, which could pave the way for incurring vicarious liability - Complainant failed to prove its case..........
