Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.3,60,000/- without interest - Loan given in May, 2016 - Cheque of Rs.1,80,000/- towards part payment issued in July, 2019 - Presumption - Not rebutted - Merely because complainant is unable to produce documents to support existence of debt (usually in the form of a friendly loan..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 61, 64 -- Dishonour of cheque - Additional evidence at appellate stage - Certified copy issued by private bank - Not per se admissible - Same is required to be proved by way of evidence - Since there is no prayer to prove the document so the request to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Proof - Friendly loan advanced in the presence of one `S' who is not examined as a witness - It does not appeal to prudence that complainant who was a teacher, drawing a salary of Rs.17,000/- per month would have advanced a friendly loan of Rs.Two lakhs, without any receipt or even..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Unconditional undertaking - Defendant has given an unconditional undertaking that he would repay the amount without raising any objections and failure to make the payment, discretion is given to payer to recover it by initiating proceedings against properties held by defendant/maker - Unconditional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In bank memo reason for dishonour of cheque mentioned `account blocked' - However in notice and complaint reason for dishonour of cheque is mentioned as `Insufficient funds' - There is significant defect in complaint as cause of action of dishonour of cheque is wrongly mentioned - Cause of action shown..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No pleading in complaint that legally enforceable debt was due and as to when loan was advanced - Written document executed for lending loan was not produced - Conviction u/s 138 of the Act cannot be solely on the ground that cheque bears signature of accused - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant apart from making a bald statement in cross examination had not produced any evidence to substantiate advancing loan - Complainant was not able to discharge onus that cheque was issued for discharge of debt or other liability as no document or books of account were produced -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
