Negotiable Instruments – Section 138 Conviction – Revisional Jurisdiction – High Court cannot re-appreciate evidence under Art. 227/Section 482 CrPC – Change of company name does not invalidate complaint – Authorised representative proved – Defence payments not proved – Concurrent findings upheld – Revision dismissed [Paras 25–33].
Negotiabl...
Criminal Law - Sect. 138 Negotiable Instruments – Cheque Dishonour – Acquittal Upheld – Statutory Presumption Rebutted – Complainant’s Financial Capacity Not Proved – Accused Raised Probable Defence – Burden Shifted Back to Complainant – Failure to Establish Legally Enforceable Debt – Trial Court’s Acquittal Not Perverse [Paras 8, 8.1, 11...
Negotiable Instruments Act – Cheque Dishonour – Appeal Against Acquittal – Loan of Rs.6,00,000/- claimed by complainant held doubtful – Complainant failed to prove source of funds; cheque not filled in accused’s handwriting; improbable circumstance of pledging jewels and advancing interest-free loan to mere acquaintance – Defence of misuse of security cheque for...
Criminal Law - Signature Dispute – Expert Opinion – Section 73 Evidence Act – BNSS Sections 438 & 442 – Trial court rejected applications to send disputed cheque for expert comparison treating them as dilatory – Petitioner produced genuine signatures from municipal attendance register and asserted forgery – Held: Though court can itself compare signatures un...
Criminal Law – Cheque Dishonour – Appeal Against Acquittal – Appellant/complainant alleged supply of export garments worth ₹24.20 lakhs to accused partnership firm – Two cheques (₹2,37,785/- total) issued by accused were dishonoured for insufficient funds – Trial Court convicted all three accused under Section 138 NI Act – Lower Appellate Court acquitted acc...
Negotiable Instruments Act – Dishonour of Cheque – Validity of Statutory Notice – Appellant alleged that respondent borrowed ₹2,00,000 and issued cheque dated 30.03.2007 – Cheque dishonoured on 03.04.2007 for insufficient funds – Statutory notice sent on 13.04.2007 returned on 18.04.2007 as “not claimed” – Trial Court dismissed complaint on ground ...
Banking Law – Priority of Secured Creditors – Sections 26E SARFAESI Act and 31B RDB Act – Mortgage created in 2011 by borrower in favour of petitioner bank – Subsequent attachment of same property by SDM, Jaunpur in 2015 for recovery of dues of Food and Civil Supply Department – Held: Illegal – Statutory charge of secured creditor has overriding effect – S...
Negotiable Instruments Act – Dishonour of Cheque – Statutory Presumption – Section 139 – Execution of cheque admitted by accused – Held: Presumption arises that cheque was issued in discharge of debt or liability – However, such presumption is rebuttable on preponderance of probabilities – Accused not required to prove defence beyond reasonable doubt &ndas...
Negotiable Instruments – Section 145 – Affidavit Evidence – Interpretation – Whether deponent who has filed evidence by affidavit can be summoned again for examination-in-chief under Section 145(2) – Held: Section 145(2) is mandatory only to the extent that the witness can be summoned for cross-examination – Where cross-examination has already taken place, fresh...
Negotiable Instruments Act – Section 141 – Vicarious liability – Directors and officers of company – Mere designation as Director insufficient to attract criminal liability under Section 141 – Complaint must contain specific averments showing how and in what manner the accused was in charge of and responsible for the conduct of company’s business – Bald, m...