Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Case was fixed for defence evidence - Complainant was duly represented by counsel, but his counsel has also failed to put in appearance for which complainant may not be held liable directly - Rather, absence of complainant,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account details - If in a business transaction, accused takes contention that cheque was issued as a security or amount covered by cheque was not due from accused as on date when cheque was issued, account details pertaining to outstanding dues must be produced by complainant to prove that amount..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed signatures - Handwriting expert - Receipt acknowledging receiving cheque amount - Complainant alleging it forged signatures - Delay in filing application as accused was absconding - However, getting signatures on receipt compared with admitted and specimen..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legal debt or liability - Cheques issued as security for procuring job - Though an illegal act on behalf of accused but it has some bearing with regard to the fact that cheques were not issued in discharge of any legal debt or liability - Complainant could not rebut the reasonable defence taken up by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - If signatures on cheque is admitted, statutory presumption u/s 139 of the Act stands activated and accused is obligated to rebut the presumption before burden of proving existence of debt or liability shifts to complainant - However, accused need not adduce direct evidence..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Complainant contended that cheque issued for purchase of food article chilly - However, no evidence produce on record by complainant pertaining to purchase of said food article - Statutory presumption is duly rebutted, as defence is more than amply probablised on touchstone..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - It is not necessary that entire cheque has to be filled by accused to raise the presumption - It is sufficient that cheque is signed by accused...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Accused without himself entering into witness box, seeking sending of cheque to Handwriting expert - Application cannot be allowed...........
