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 - Where cheques are used for a certain contract/agreement and not towards discharge of any debt or any other liability, offence u/s 138 of the Act is not attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failed to prove on record that cheques issued in discharge of a legally enforceable debt - He himself admitted that cheques in question had been given by accused to him for safe dealing as agreement to sell executed between parties - If cheques are used for a certain contract/agreement and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction of Rs.23,94,700/- - Complainant failed to prove his financial capacity of lending such a huge amount to accused - He himself admitted that he was under debt - Complainant neither produced any evidence to prove liability of accused nor proved source of raising such a huge amount to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Signature on cheque and fact that cheque drawn on account of accused not disputed by accused - Liability on accused was established - Discharge was not established by accused - Complainant succeeded in proving existence of a legally sustainable debt and cheque remained unpaid even after..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant and two accused were shareholders of one company - Complainant wanted to exist from company and offered to sell his shares to accused - MOU executed between parties - Complainant received the amounts only if he surrender share certificates with duly..........
Motor Vehicles Act, 1988, Section 14, 166 -- Accident - After expiry of learner`s license and before issuance of regular license - Liability of insurance company - Since, both the licenses cannot be treated at par for the purpose of continuity of the effect of validity of license after expiry of their validity period, therefore, continuity of effectiveness of the learner`s..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Dissolution of company during pendency of proceedings - Directors and other accused cannot escape by citing its dissolution - Only company is dissolved, not personal penal liability of accused covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Once the signature on cheque is admitted, accused cannot escape his liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt - Presumption as to - Complainant failed to disclose date, month and year of alleged advancement of loan and remained silent on this - One FIR was also got referred against son of complainant on basis of statement made by accused - Cheque in question is dated 24.9.2014,..........
