Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Principle that criminal charge must be proved beyond reasonable doubt applies to offences punishable u/s 138 of the Act - Presumption u/s 118 and 139 of the Act do not do away with necessity of proving accusation beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Parties known to each other for 40 years - Loan was repayable in a short period of time - Name of accused not shown in the balance sheet and amount not disclosed in the Income Tax Return - Merely for this reason it does not stand established that loan was not disbursed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Burden to rebut the presumption u/s 139 of Act is on accused, only to the extent of `preponderance of possibilities' - Whereas, complainant has to prove its case beyond reasonable doubt - Accused can rely on the evidence brought on record by complainant to rebut the presumption - It..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence of accused - Accused is obliged to set up a probable defence - Defence cannot be only a `possible' defence - It cannot be premised on mere ipse dixit of accused - There should be some credible material or circumstance available on record which should lead the Court to conclude that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Friendly loan - Accused admitted his signatures on cheque as well as on two pronotes and the fact that he borrowed loan from complainant - Once pronote has been signed and executed by accused, it acts as an acknowledgement of transaction - Presumption arose u/ss 118(a) & 139 of N.I...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Parties known to each other for 40 years - Loan was repayable in a short period of time - Name of accused not shown in the balance sheet and amount not disclosed in the Income Tax Return - Merely for this reason it does not stand established that loan was not disbursed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Burden to rebut the presumption u/s 139 of Act is on accused, only to the extent of `preponderance of possibilities' - Whereas, complainant has to prove its case beyond reasonable doubt - Accused can rely on the evidence brought on record by complainant to rebut the presumption - It..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence of accused - Accused is obliged to set up a probable defence - Defence cannot be only a `possible' defence - It cannot be premised on mere ipse dixit of accused - There should be some credible material or circumstance available on record which should lead the Court to conclude that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Friendly loan - Accused admitted his signatures on cheque as well as on two pronotes and the fact that he borrowed loan from complainant - Once pronote has been signed and executed by accused, it acts as an acknowledgement of transaction - Presumption arose u/ss 118(a) & 139 of N.I...........
