Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea that loan was returned - Though discharge is pleaded, but no evidence adduced to substantiate it - Proper explanation also not given about non collection of cheque from complainant after repayment of amount - Presumption attracted stands unrebutted - Accused rightly convicted by trial Court -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures of accused on cheque itself is not enough for conviction u/s 138 of the Act - Existence of debt or legally enforceable liability is sine qua non...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-registration of FIR for theft of cheque by accused cannot be held to be fatal to defence of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is proved beyond doubt that there was a legally enforceable debt inasmuch as complainant had given earnest money vide agreement and had also further given an amount vide writing as additional earnest money - Issuance of cheques in question or signature on them have not been disputed - It is not case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Even if a cheque is a security cheque, the same is an integral part of commercial process and same acts as a deterrent for drawer against dishonouring his financial commitment and can also be used towards discharging liability of drawer...........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Power of appellate Court to order payment pending appeal against conviction - Appellate Court ordered to deposit 20% of compensation for suspending execution of sentence of imprisonment - Said order held, unreasonable - Quantum of deposit 20% of cheque amount modified to 5%...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant - Application for recall of complainant filed by accused at the fag end of trial - Admittedly, matter was posted at least five times for final arguments, but instead of arguing, application for recall of complainant was filed -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused took the defence that loan was repaid - Complainant failed to prove that there was outstanding amount and no account books, ledger account or statement of loan was produced - Complainant failed to discharge onus cast upon him that cheque was issued for discharge of debt or..........
