Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Issue that cheque was based upon a contingent condition - To be proved by leading cogent evidence by both the parties - High Court merely upon reading the conditions attached with invoice cannot conclude that other conditions which accused is required to fulfill have been..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to give his evidence by way of an affidavit - S.145(1) of the Act only entails a complainant to tender evidence in such a mode...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order at the preliminary stage without affording parties opportunity of adducing evidence will result in finality and trial Court will be ousted from weighing material evidence which would result in accused being given un-merited advantage - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of accused by way of affidavit is not permissible...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - If notice is issued to correct address of accused and if notice is not served due to the reasons assigned in returned legal notice, it is deemed that notice is served to accused in terms of S.27 of General Clauses Act r/w..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not disputed by accused - Accused neither replied to demand notice nor he led any rebuttal evidence in support of his case - However, theory of blank cheque being misused has been suggested to complainant during cross-examination which was denied by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Important link missing in evidence to connect cheque with that of a legally enforceable debt pertaining to the chit transaction - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Comparison of signatures on cheque - Accused admitted his signatures on cheque though he denied contents of negotiable instrument - Burden is upon accused to show that cheque was not issued by him for payment of any legally enforceable debt or in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - However, complainant faulted in cross-examination and admitted that accused was not known to her and they had no previous dealing - Defence taken by accused regarding misuse of cheque was substantiated by DW1 - On shifting the onus complainant miserably failed to produce evidence with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Evidence produced by accused has no bearing on the merits of case - Accused even cannot deny the fact that though defence evidence was closed by trial Court but revisional Court granted three opportunities to accused to..........
