Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Accused can be declared proclaimed offender when Court had reason to believe that accused against whom warrants were issued was absconding or concealing himself so that warrants could not be executed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Order declaring accused as proclaimed offender not passed in compliance of S.82(1) Cr.P.C. - Impugned order set aside - FIR u/s 174-A IPC quashed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Financial Capacity - Once accused admits of receiving loan from complainant, such admission clearly goes to show that complainant was having capacity to lend money to accused - Subsequently questioning capacity of complainant to pay such amount would never arise as a defence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When signature on cheque is admitted by accused, Magistrate is bound to raise presumption u/s 139 of the Act by presuming that such cheque was issued towards legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Only creation of doubt would not be sufficient enough to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Repayment of entire loan amount - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by documentary evidence by complainant - Rebuttal of presumption by giving suggestions to complainant is uncalled..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused admitted the financial transaction between her and complainant - Issuance of cheque has to be considered as towards legally enforceable debt - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Acquittal u/s 256 Cr.P.C - Mistake on the part of advocate representing any party beyond knowledge of complainant should not act as a prejudice against his rights and contentions - Order of acquittal set aside...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Memorandum of understanding entered into in between parties during pendency of revision in High Court - Parties were to settle the dispute between themselves - As per terms of agreement Respondent No.2 was to file a compromise petition before High Court which he failed to do so, which resulted in..........