Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Sufficient to make the accused liable for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Evidence closed by petitioner voluntarily after availing sufficient opportunities - Evidence sought to be adduced in additional evidence by petitioner is essential for just decision of case - Further, evidence is based on record of office..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Material on record is sufficient to raise doubt regarding story of complainant - Even, discrepancy regarding mutual settlement between parties not duly explained by complainant - Moreover, complainant failed to prove his case and..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Condonation of delay - Can be sought before taking of cognizance or at the time of taking cognizance and not after that - In the instant case Magistrate took cognizance and application for condonation of delay filed after 1 year and 8 months of taking cognizance..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Appeal against acquittal - - In the instant case, accused not only rebutted presumption but also proved discharge of loan payable to complainant - Once accused proved discharge by cogent evidence, accused cannot be convicted by relying upon presumption drawn in favour of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing - Quashing of complaint and summoning order - Notice u/s 251 CrPC not yet framed - Petitioner has alternate and efficacious remedy available to urge pleas before trial court during framing of notice u/s 251 CrPC - Inherent powers u/s 482 CrPCnot..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Exemption from personal appearance - Till arguments on point of framing of notice u/s 251 CrPC are concluded, personal appearance of petitioner may be dispensed with on filing of appropriate application - Delaying proceedings before trial court will take..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan - Bahi entries - Account books/bahi entries are not instruments of advancement of loan like pronote, bonds, or Bill of exchange etc. which can legally be enforced, as recognized under the N.I Act - Entries in account books are only relevant u/s 34 of Evidence Act,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Initially, complainant has to prove existence of debt and other liabilities and thereafter burden shifts upon accused to prove that cheque was not issued towards discharge of a lawful debt but was issued by way of security or any other reason on account of some business..........
Negotiable Instruments Act, 1881, Section 138, Punjab Money Lenders Act, 1938, Section 3, 4 - - Dishonour of cheque - Money lender - Advancement of loan - Complainant advancing agricultural loan to petitioner/farmer without holding licence under Money-Lender's Act, is illegal and complainant can also be prosecuted for the same - Contention of complainant that said issue..........
