Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stand of petitioner/accused that he had borrowed only Rs.1 lakh from complainant and repaid the same, not supported with any materials - Evidences of DW1 and DW2 does not support the stand of petitioner - Petitioner not denied his signature and issuance of cheque but takes a different stand as regards..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Application is completely vague, as it does not in any manner suggest as to what the said witness wants to testify - However, reading between the lines if the intention of petitioner/accused is to dispute the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of CW1/son of attorney of complainant - To give his specimen writing for comparison with the writing in the body of cheque - Cross-examination of CW-1 shows that he remained as a Munshi at the brick kiln of accused/petitioner - It has been..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - When signature on cheque admitted then presumption u/s 139 of the Act shall arise...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused not led defence evidence - His statement u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption - Merely pleading not guilty would not suffice to rebut the presumption...........
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, 139 -- Dishonour of cheque - Presumption - Not rebutted - Onus does not shift upon complainant - Accused cannot be acquitted by holding that no interest was charged, friendly relations between parties not proved, financial capacity not established and most importantly, guilt of accused not proved beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Loan transaction - Even if a cheque is given as security cheque, same can also be encashed when there is failure on the part of accused to repay the loan amount - Only because an alternative remedy is available same cannot be a ground for depriving a person of his dues - If the loan is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Mere fact there is a discrepancy qua rate of interest, not sufficient to disbelieve the claim of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Dispute regarding rate of interest - If parties amongst themselves agreed to a rate which is not in conformity with Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, it was for accused to raise an objection or move appropriate forum for getting the same corrected and..........
