Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - During pendency of proceedings there was a negotiation between complainant and accused because of this reason complainant did not tendered for cross-examination believing that dispute would be resolved - However, trial Court dismissed complaint and acquitted accused for offence punishable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Respondent purchased a trailer from complainant in year 2006 and agreement was executed between parties - As per said agreement, respondent undertaken to pay outstanding instalments of vehicle purchased by him from complainant - However, in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - Admittedly, disputed cheque was given for security only and was not issued to discharge any date or other liability - Even, complainant could not establish before trial Court that there was any debt or other liability towards drawer of cheque - Acquittal upheld - Leave to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Evidence discloses complainant`s financial incapacity to advance hand loan and inconsistent version about reason for hand loan - Even, there is no evidence to show that notice was sent by registered post as address was incomplete and it is not possible to draw presumption..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - There was manipulation in loan application and besides resolution to sanction loan was even prior to application for loan which improbabalised case of complainant or rather probabalised case in defence that there was no such transaction whatsoever -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complainant failed to disclose date, month and year of advancement of loan and remained silent - Even, one FIR got registered against son of complainant on basis of statement made by son of accused and one cheque was also issued in favour of complainant but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Handwriting expert has given opinion stating that writings marked in cheques were found to have been executed on document with prior signature marked at a different time with different ink - But handwriting expert has not been examined or cross examined in order to arrive at a opinion..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant not placed on record that accused was residing in village `S' at time of alleged advancement of loan to him - Even, there is nothing on record to prove that complainant knows much about accused nor he has any written acknowledgment regarding lending to accused -..........
