Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Business dealing between parties - Case regarding dishonor of cheque u/s 138 of N.I. Act already filed - It is thus, just and expedient to release petitioner on bail - Anticipatory bail granted to petitioner...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant stated that accused borrowed Rs.25,000 from him due to personal relation - However, accused did not enter into witness box and not denied by adducing evidence of himself that he has not borrowed money from complainant - Presumption u/s 139 of the Act will survive - Version..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused not denied the fact that cheque was signed by him - Loan amount was advanced on basis of personal relation - Preparation of loan documents thus, not required - Accused not entered into witness box - Version of complainant not rebutted by accused - When legal presumption..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When legal presumption is available in favour of complainant which is not rebutted, no corroboration is required to version of complainant by submitting income tax return...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-filing of income tax return - Matter related to income tax is issue between Revenue and Assessee, therefore, no, filing of income tax return cannot be a solitary basis for rejecting evidence of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount was advanced on basis of personal relation, therefore, preparation of other documents was not required under law and cheque issued by accused is best document for showing liability of accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not give reply to notice issued to him - It is not a case of accused that he has not signed the cheque - Though no account register or income tax return was produced by complainant, but when accused himself has not denied borrowing money and did not enter into witness box,..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Applicability of S.143-A of the Act - Complaint filed on 11.05.2017 - Provision of S.143-A of the Act was inserted in the statute books w.e.f. from 01.09.2018 - Impugned order directing applicant to pay 20% of cheque amount as interim compensation set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Default in payment of instalments - Execution of award - Challenge to order passed by Executing Court U.O.21.R.37 CPC as to why JD be not arrested and detained in civil imprisonment followed by another order on the application of J.D. for recalling the warrant of arrest issued..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is old age person - Jail sentence of accused reduced from 6 months R.I to 3 months R.I with fine of Rs.3.90 lacs to complainant u/s 357(3) Cr.P.C...........
