Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.3,75,000/- - Source of income - Amount advanced to accused as loan was already kept in the house of complainant for the purpose of building construction - Complainant had thus requisite funds also for advancing loan to accused - Moreover presumption of consideration not rebutted by accused in..........
Criminal Procedure Code, 1973, Section 245(2) -- Warrant case - Discharge - Magistrate has necessary discretion u/s 245(2) Cr.P.C to discharge accused in a warrant case instituted on private complaint when he is satisfied that complainant has neglected to participate in pre-charge enquiry and failed for no good reasons to adduce evidence requisite for formulating a charge..........
Criminal Procedure Code, 1973, Section 249 -- Complaint - Non-appearance of complainant - Acquittal due to absence of complainant in proceeding is sanctioned by S.249 Cr.P.C only when offences alleged against accused are either non-cognizable or compoundable - It is enough if either of these two conditions exists in a case...........
Criminal Procedure Code, 1973, Section 245(1) -- Warrant case - Discharge - S.245(1) Cr.P.C, does not contemplate discharge of accused on account of default of appearance of complainant but only postulates an adjudication on merits in presence of or with participation of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pleading that cheque was issued in April, 2013 - However, in cross examination it was stated that cheque was issued in the month of October, 2013 - Accused admitted his signatures on cheque - Held, statement of complainant qua issuance of cheque relates to insignificant aspect of the case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused did not respond to the legal notice - Amounts to his admission qua taking of loan from the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea raised by accused that cheque was issued as security and not in discharge of legal liability - No agreement whatsoever produced by accused or his brother to show that complainant used to obtain cheques as security from the transporters, including them - This bald statement, instead of helping the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Only allegation against petitioner is that he is in charge of accused/company - However, no documents on record to support this version - Petitioner is not director of company - Even cheques are not signed by petitioner and same are signed by A-2 and A-3 - Complaint is based on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant issued notice to accused in his admitted address - Notice having been sent to accused's correct address were duly served, fulfilling the requirement of `giving Notice'...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - S.139 of the Act is an example of reverse onus and therefore once an admission of issuance of cheque emanates from accused and signatures on cheques are admitted, there is always a presumption in favour of complainant that a legally..........
