Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Appeal against acquittal - Commercial transaction between parties - No credible evidence to show that there was transaction between parties and cheque was issued in discharge of legal debt or liability - A serious doubt created about transactions which took place between parties - No evidence..........
Agreement to sell -- Plea of fraud - One marginal witness and stamp vendor from whom defendant purchased stamp paper examined - When stamp paper was purchased, defendant has signed endorsement before stamp vendor - No evidence led by defendant to prove that stamp paper was not purchased by him - Defendant admits his thumb impressions and signatures on agreement to sell -..........
Agreement to sell -- Proof - First two pages of agreement to sell not signed by parties - Agreement to sell does not become doubtful, particularly when defendant has not led any evidence that agreement to sell is forged and fabricated...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Indian Penal Code, 1860, Section 489B, 489C -- Counterfeit currency notes - Currency notes were not of such nature as could be recognised as counterfeit by having a look at them - Prosecution is required to establish circumstances clearly and irresistibly that accused had reason to believe that currency notes in his possession were forged or fake...........
Indian Penal Code, 1860, Section 465 -- Forgery - False document - Accused not made any false document or part of document/record to execute mortgage deed under the guise of that false document - Neither accused No.1 nor accused No.2 can be held makers of forged documents - It is the imposter who can be said to have made false document by committing forgery - Prosecution..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 468, 471, 447, 511, 120B -- Anticipatory bail - Cheating - Property dispute - Entire dispute between parties is regarding execution of various documents which both parties claim to be forged and fabricated - Said fact can be decided only during course of trial - Without commenting..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant has taken a definite stand that promissory note on the basis of which suit has been filed by plaintiff was not executed by him and same was forged and fabricated - Defence sought to be raised clearly shows triable issues in the case and defendant has good defence -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Plea that cheque was issued as security - Onus is on accused to establish that cheque issued was as security but the same was not done - Presumption is in favour of complainant that it was on account of discharge of financial liability - Though such presumption is rebuttable, but..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Second FIR on same cause of action - Quashing of - Cheating - Allegation that accused forged and fabricated lease deed - Validity and genuineness of lease deed is subject matter of earlier FIR and qua same trial is pending - Second FIR qua same land on same cause..........
