Negotiable Instruments Act, 1881, Section 138, 143A, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Direction to deposit 20% of cheque amount by trial Court - Applicability of S.143-A of the Act - Since applicability of S.143A of the Act is prospective only, trial Court erred in giving directions to accused to pay 20% of original cheque amount as interim..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.2 lakhs - Financial capacity - Complainant employed as driver and getting salary of Rs.7,500/- per month - Loan not substantiated with any supporting material - Complainant not proved his case beyond reasonable doubt - Explanation of accused that one of the cheque was handed over to one `J'..........
Indian Penal Code, 1860, Section 420, 406, 419, 167, 468, 379, 465, 475, 120B, 114, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 NI Act - FIR two years thereafter alleging same cheque misplaced and fraudulent use thereof - Instead of quashing FIR the same transferred to Court where proceedings of complaint u/s 138 NI Act is..........
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,..........
