Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Admittedly, accused has not led any defence evidence - Considering nature of transactions between parties and read with presumption u/s 139 of the Act that cheque was issued against discharge of existing debt or other liability, plea of accused that cheque was issued by way of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Admittedly, cheques issued were blank cheques and they were filled by complainant - Even a blank cheque leaf voluntarily signed and handed over by accused which is towards some payment would attract presumption u/s 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Presumption u/s 139 of the Act is that holder of a cheque received the cheque for the discharge, in whole or in part, of any debt or other liability - To rebut this presumption, facts must be adduced by accused which on preponderance of probability (not beyond reasonable..........
Service -- Compulsory retirement - Allegation of procedural lapses in discharge of duties and receiving illegal gratification - However, only charges of procedural irregularities were proved and not charges of bribery - There was negligence on part of respondent in performing his duties - Mere fact that charge memo issued without prior approval of Central Vigilance..........
Criminal Procedure Code, 1973, Section 245 -- Discharge - If evidence adduced by complainant at the stage of S.244 Cr.P.C, if un-rebutted, prima facie discloses ingredients of offences alleged against accused, no order of discharge can be passed u/s 245(1) Cr.P.C and Magistrate would be required to frame charge against accused u/s 246 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Complainant failed to establish by acceptable evidence that cheques were issued in discharge of legally enforceable debt or liability - Moreover, undated cheque having been given only as a security, provision of S.138 of the Act are not at all attracted and hence, charges framed against..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against Jeth and Jethani of deceased - No reliable evidence on record that petitioners are living separately from deceased or they had not take part in demand of dowry or consequent torture to deceased -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signatures on cheque are established, then `reverse onus' clause becomes operative - In such a situation, obligation shifts upon accused to discharge the presumption imposed upon him...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signatures on cheque are established, then `reverse onus' clause becomes operative - In such a situation, obligation shifts upon accused to discharge the presumption imposed upon him...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against sister-in-law and brother-in-law - Prima facie case against accused is made out as per complaint, summoning order and also other material on record - It cannot be said that no case is made out..........
