Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused examined his son in defence who deposed that his father had never taken loan from complainant - However, in cross examination he accepted that his father has taken a loan from complainant - This admission supports claim of complainant - Accused failed to rebut presumption..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. was dismissed - Accused indeed got numerous opportunities to adduce defence evidence yet kept on neglecting to adduce defence evidence and praying for adjournments - This went on for an unduly long period and there has to be an..........
Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Provision of S.148(1) of the Act is mandatory - Non exercise of such power can only be under very exceptional circumstances...........
Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Such deposit is to be made within sixty days - Order to deposit for a period lesser than sixty days is illegal - It is mandatory for appellate Court to grant period of sixty days to accused to company with an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of Income Tax Returns - Loan - Complainant stating that repayment made was towards interest whereas plea of accused that he was paying instalments towards the principal amount and not towards interest - Plea that ITRs for the relevant period do not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 362 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - When Magistrate in a summons case, dismisses complaint and acquits accused due to absence of complainant on date of hearing, it becomes final and it cannot be restored in view of S.362..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant was contesting its case with due diligence and in fact trial was almost complete, as case was at final stage - Magistrate was not justified in dismissing complaint in default for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - On the pretext of compromise petitioner obtained favourable order from Court - Now he wants to disown the same - A person who tries to play with Court is to be strictly dealt with and serious action is required to be taken against such person - Complainant would be free to revive his complaint and all..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254, 351 -- Dishonour of cheque - Accused failed to lead evidence in defence despite availing 14 opportunities - However, in order to secure ends of justice and provide accused an opportunity of fair trial, he deserve to be granted a single window of three days to lead defence evidence..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter between parties compromised and due amount already paid by accused - Conviction and sentence set aside - Accused acquitted...........
