Civil suit and criminal proceedings -- Civil suit and criminal proceedings u/s 138 NI Act - Acquittal in criminal case - Does not operate as res judicata in civil suit - Plaint cannot be rejected - Finding in a criminal proceeding is not binding in a civil proceeding - Standard of proof in a civil suit and criminal proceedings is different - In a criminal case the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Refused' - No signature of any of the witness before whom the accused refused to take the notice - Postal peon not examined - Service of notice not proved - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned with endorsement 'funds not arranged for' - Accused denied his liability to pay, as cheque was issued in pursuance of agreement to sell and when he came to know that complainant is not the owner of plot he did not arrange for the funds - Legal effect of presumption available u/s 139 not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Accused led evidence to justify his act of stopping payment as paddy in lieu whereof cheque was issued was returned being substandard - Complainant failed to prove by leading any evidence that cheque was issued for discharge of any debt or other liability - Acquittal calls for no..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Conviction by trial Court - Acquittal by appellate Court - Complainant failed to discharge the burden of proving that amount of cheque was legally recoverable and that he had given the loan to the accused - Several discrepancies in the testimony of the complainant - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Cheque amount Rs.7.2 lakhs - Accused taking plea that signed cheques were stolen by his employee who had close relationship with complainant - Accused had also lodged a report with police and instructed his Bank to stop payment - Plea of complainant of cash payment -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Plea of returning amount in presence of two witnesses - These two witnesses not examined - Complainant not cross examined regarding repayments - Story of repayment came for first time in statement of accused u/s 313 Cr.P.C. - Case of accused inconsistent and self..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Repayment of loan - Date or month on which loan advanced not known - Receipt not obtained at the time of advancing loan - Complainant income-tax assessee but loan amount not reflected in income tax returns - Cheque was delivered to complainant through someone and had been issued on a special account..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - As per agreement of parties one month's notice was required to be given prior to presenting the cheque in bank - Notice not given - Enforceability of the debt is not to be tested on touchstone of the procedure provided by the parties in an agreement - Defence of not giving one month's notice..........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Complainant not coming to Court with clean hands and his conduct not that of a prudent man - Accused thus discharges his burden to rebut the presumption available u/s 139 of the Act - Order of acquittal upheld...........
