Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Accused allegedly issued cheque to complainant towards discharge of his liability related to promissory note executed by him - Non-production of alleged promissory note by complainant before Court - Cheques have been issued on the same day as that of execution of note -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Signature on cheque not denied by accused - It is to be presumed that cheque in question was drawn for consideration and the holder of cheque i.e. complainant received the same in discharge of an existing debt - Onus, shifts on accused to establish a probable defence so as to..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Preponderance of probabilities - Accused has to bring on record such facts and such circumstances which may lead the Court to conclude either that consideration did not exist or that its non existence was so probable that a prudent man would, under the circumstances of..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 420, 417, 376 -- Discharge - Cheating - Rape - False promise of marriage - Prosecutrix is a married woman and mother of a daughter, gave consent for physical relation with accused on promise and assurance to marry her and due to such promise she gave kulla talaque to her erstwhile husband to marry..........
Criminal Procedure Code, 1973, Section 239, 216 -- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and for this a separate trial is..........
Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Abetment of suicide - Material indicates that several complaints were filed by deceased - Last of them was filed few days before suicide - Accused allegedly taken loan of Rs.5 lakhs through fraudulent means in the name of deceased and an..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt/liability - Where accused failed to satisfactorily explain circumstances under which cheque was issued by accused or misused by complainant, then it can be safely inferred/presumed that cheque was issued in discharge of legally recoverable debt/liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Unrebutted plea that cheque was issued to discharge liability or that it was issued towards legally recoverable debt has to be believed - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Issuance of cheque and that it pertains to his bank account admitted by accused in his statement u/s 313 Cr.P.C. - Bald plea in defence that cheque was given as security without documentary evidence - Unrebutted..........
