Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Neither signatures on cheques nor issuance of cheques disputed - Enabling transaction indicate that there was payment of advance amount by complainant to accused and said sale agreement came to be cancelled and accused issued cheques and same got dishonoured - Accused has not..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Apparently there is no reason to disbelieve case of complainant - Explanation offered by accused on other hand is not founded on proof and it does not stand to reason - Accused could have availed opportunity by accepting demand notice instead of repeatedly avoiding its service -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance and issuing summons - Quashing of order - Offence by company - Cheques were issued in favour of complainant whose payment were stopped - Admittedly, notices were sent which were deemed to have been served and amount involved in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 138 -- Dishonour of cheque - Quashing of summoning order - It is for accused to establish in trial that cheque in question was not given towards discharge of any debt or liability - No illegality in impugned order - Order cannot be quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Both trial Court and appellate Court rightly held that burden was on accused to disprove initial presumption u/ss. 118, 139 of the Act - Burden is not discharged rightly - Conviction upheld - Considering the age of accused, sentence modified to one of fine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of cheque wrongly mentioned in notice - It does not amount to material alteration or other aspects of validity of cheque - It does not adulterate the rights of complainant under the cheque - Acquittal set aside - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admitted his signature on cheque and the fact that cheque belonged to his account, complainant had the benefit of presumption u/s 139 of the Act to the effect that cheque was issued towards discharge of debt or liability...........
