Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Hand loan - Presumption - Probable defence on the part of accused established - Burden shifts on complainant to establish his case beyond a reasonable doubt - Complainant failed to discharge this burden as (a) well wishers in whose presence cheque was given to complainant not examined as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Two cases involving an offence u/s 138 of N.I. Act which are being prosecuted by two different complainants arising from separate causes of action cannot be tried together merely on the reason that accused person is the same in both the cases...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere dishonour of cheque does not construe an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Notice - Date of intimation given by bank has to be excluded while calculating period of limitation for giving notice...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Correction in cheque amount - Accused put his signature with regard to correction - No explanation given by accused for such signatures - Even, counter signature made by complainant also not explained - Notice not replied - Rebuttal evidence also not given - Trial Court ought..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If cheque return memo is not bearing any official stamp of bank, it does not render cheque return memo as invalid or illegal and entire trial is not rendered as nullity...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If there is any infirmity in cheque return memo, it does not render entire trial u/s 138 of the Act as nullity, as cheque return memo is not a document which is required to be covered under Bankers Book (Evidence Act)...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compounding requires consent of complainant and Court cannot compel complainant to agree to it...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit 20% of compensation amount - Appellate Court while imposing condition of deposit of 20% of compensation amount, is not shown to have given any opportunity to petitioner to make submissions regarding exceptional circumstances..........
