Criminal Procedure Code, 1973, Section 227 -- Discharge - Defence of accused not to be looked into at the stage when accused seeks to be discharged u/s 227 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Principle established u/s 227 Cr.P.C is to take materials produced by prosecution, both in the form of oral statements and also documentary material and act upon it without it being subjected to questioning through cross-examination and everything assumed in favour of prosecution - If a scenario emerges where no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Neither accused confront complainant with copy of notice nor accused filed a copy of it along with the statement u/s 313 Cr.P.C. - Even, accused does not send any reply notice to statutory demand notice nor issued directions to his bank to stop payment - Moreover, accused fail to discharge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards loan amount of Rs.30 lakhs - Such loan disclosed in the Income Tax returns - Plea of taking loan of Rs.10 lakhs and that plea of repayment of the same - However, no material to show return of said sum to complainant - Though accused can discharge burden by preponderance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Moreover, preponderance of probabilities lies completely in favour of accused - Further, the case of complainant is required to rest on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Criminal Procedure Code, 1973, Section 245(2) -- Discharge - At the stage of recording statement u/s 244 Cr.P.C - There is no prohibition for discharge u/s 245(2) Cr.P.C, but it is till proceeding up to S.204 Cr.P.C - Regarding proceeding at the stage of S.244 Cr.P.C, mandate of personal appearance is there - Discharge application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant miserably failed to prove that cheque was issued against discharge of any enforceable debt or liability - Special leave to appeal against order of acquittal refused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued by a guarantor - A cheque issued by a guarantor is also a cheque as per S.138 of the Act as one being issued in discharge of legally enforceable debt - S.138 of the Act nowhere provides that cheque drawn should be in discharge of drawer's liability alone - It could be in discharge of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction between complainant and DW2/husband of accused - Cheque issued by accused in discharge of DW2's liability to complainant - Liability of DW2 to complainant was at the most for an amount of Rs.30,000 - This is what was recorded in the agreement itself going by testimony of DW2, which fact..........
