Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 401(4) -- Dishonour of cheque - Acquittal - It is special leave to appeal and not revision which is maintainable against order of acquittal...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - As per complainant, accused took Rs.3 lakh from him as friendly loan from time to time for his household need, but complainant failed to prove source of such huge amount - Even, statement of complainant is contradictory to version given in complaint - Moreover, complainant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Neither loan shown in income tax return nor in any other document - Even, no security document was taken at the time of lending the loan - Moreover, no source of huge amount of Rs.3,50,000/- has been disclosed by complainant -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5) -- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, accused has rebutted presumption u/s 139 of the Act of existence of legally enforceable debt by establishing that there was no receipt of loan - Neither such advance was shown in ITR return of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Appeal against acquittal - As per evidence on record, complainant has failed to discharge onus regarding plea of accused of no liability or no, existence of legally enforceable debt - Even, beleaguered attempt was made by complainant to salvage his case when..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Appeal against acquittal - Dismissal of complaint u/s 138 of the Act - There is nothing on record to show that complainant has advanced amount in question to respondent/accused - Even, no date, month or year is mentioned that when respondent borrowed money - Neither any receipt nor any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Delay in filing complaint - Maintainability - Complainant sent legal notice to accused on 28.09.2010 and thereafter again legal notice issued by complainant on 11.11.2010 - Complainant himself admitted in cross-examination that date of issuance of first legal notice is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Capacity to advance loan - As per accused, he demanded friendly loan of Rs.1,50,000/- and as per complainant at relevant time he was not having Rs.1,50,000/- and gave only Rs.1,35,000/- by borrowing from his Mamaji by mortgaging the gold - However, complainant failed to tell the name of his..........
