Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - Normally complainant has to produce the documents at least before the commencement of examination of witnesses - In case there is some omission in that regard, it does not mean that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - But complainant has got an explanation that document was given by him to his advocate and it got misplaced in another case bundle -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Plea that it is not proper or permissible to recall a prosecution witness after final hearing of the case - There is no illegality in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Court at any stage of inquiry, trial or other proceedings can act in one of three ways : (i) to summon any person as a witness; or (ii)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine himself as his own witness after defence evidence was closed - There is no bar to examination of accused as his own witness in disproof of charge against him before judgment - Complainant will not suffer any prejudice as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused on a printed proforma by filling up the blanks - Summoning order on printed proforma by filing up blanks without application of judicial mind is objectionable and deserves to be deprecated - Summoning of accused in a criminal case is a serious matter and order must reflect that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that complainant was not holding a licence to lend money - Plea held, not sustainable under law as when complainant is lending loan to his friend, which is hand loan without charging any interest that cannot be considered that he is doing money lending business, for which he should hold..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that complainant has not disclosed lending amount in his income tax returns and also paid amount by way of cash which attracts penalty under Income Tax Act - Plea held, not sustainable as it is for Income Tax Authorities to take action against complainant for lending amount by cash and..........
