Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on record establish issuance of cheque by accused to complainant for loan transaction - Even, accused not disputed his signature on cheque - Moreover, contention of accused that complainant illegally taken away his brief case containing cheque books and signed papers raises genuine doubt in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Merely advancing loan to three or four persons does not lead to inference that complainant is carrying on activity of money lending as a business - Moreover complainant expressly denied that he had given any loan on interest to public persons...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advancing loan of more than Rs.20,000/- in cash and thus violating S.269-SS of Income Tax Act, 1961 - Any person violating the Income Tax Act would attract imposition of penalties under the said Act - However, same does not render said debt u, enforceable or precludes the lender from recovering the..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of Bank manager along with relevant record - Defence of accused is that cheques were stolen and his signatures are forged - Court vide its earlier order permitted accused to summon Bank Manager with relevant record in his defence - However, when..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant's witness for further cross-examination - Trial is still at the stage of defence evidence - Accused prayed that an opportunity be granted to cross-examine complainant's witness on one date only - Adducing evidence by accused in support of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - As per accused, cheque issued as security and misused by complainant and same was not issued for any legally enforceable debt - However, DW not aware of promissory note and handing over of cheque by accused to complainant - Moreover, accused not denied issuance of cheque to complainant -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Default in EMI - Complaint presented cheque in question for same EMI amount which was dishonoured - However, after settlement complainant presented another cheque towards full and final amount towards total outstanding amount which was also got dishonoured - Thus, earlier..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint cannot be quashed by taking recourse to S.482 Cr.P.C when disputed questions of facts are involved which need to be adjudicated after parties adduce evidence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Once issuance of cheque is admitted/established, presumption would arise u/s 139 of the Act in favour of holder of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Loan of Rs.3 lakhs repaid by cheque - Plea of taking loan of Rs.2 lakhs again - Taking loan of Rs.2 lakhs again neither mentioned in complaint nor in notice and deposition - Accused is to rebut the presumption by preponderance of probability which he is successful to rebut the same by..........
