Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No pleading in complaint that legally enforceable debt was due and as to when loan was advanced - Written document executed for lending loan was not produced - Conviction u/s 138 of the Act cannot be solely on the ground that cheque bears signature of accused - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 82, 83 -- Dishonour of cheque - Proclaimed offender - Quashing of proceedings - Parties compromised and complaint u/s 138 NI Act withdrawn by complainant - FIR along with all consequential proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards time barred debt - Cheque issued on 6.7.2018 for paying off loan advanced on 14.12.2011 - Same was issued for acknowledgment of loan and upon dishonour would make drawer liable to be proceeded against u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91, 311 -- Dishonour of cheque - An application filed by complainant u/s 311 Cr.P.C. was allowed and evidence of PW2 was recorded and bank statement was exhibited - Accused filed an application to call Bank Manager in his evidence to rebut the evidence given by complainant - Prayer of..........
Negotiable Instruments Act, 1881, Section 138, 139, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Presumption - Rebuttal - Presumption which arises on signing of cheque cannot be rebutted merely by report of a hand writing expert...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Admission of handing over signed blank cheque - Handwriting expert to know as to whether cheque was filled up not by drawer but by some other person - Immaterial - Presumption which arises on the signing of cheque cannot be rebutted merely by the report of a hand-writing..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Pre-mature complaint - Not maintainable - Complainant would be at liberty to institute a fresh complaint - Complainant would be at liberty to seek the benefit of S.142 Proviso by satisfying the trial Court of sufficient cause for the delay in instituting the complaint...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - It shall be presumed unless the contrary is proved, that holder of a cheque received the cheque of the nature referred to in S.138 of the Act for discharge, in whole or in part, of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the initial burden is discharged by complainant that cheque was issued by accused and signature and issuance of cheque is not disputed by accused, in that case, the onus will shift upon accused to prove the contrary that cheque was not for any debt or other liability...........
