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1 - 10 of 16 (0.28 seconds)The Code of Criminal Procedure, 1973
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 281 in The Code of Criminal Procedure, 1973 [Entire Act]
Rangappa vs Sri Mohan on 7 May, 2010
29.After taking into consideration the facts and circumstances of
the case, I am of the considered view that judgments which are
relied upon by the accused not applicable to the given facts and
circumstances of the present case and in view of the judgment
"Rangappa Vs. Mohan 2010 (3) JCC 254(NI)", and "V.S Yadav
Vs Reena 2010(4) JCC( NI) 323" I am of the considered view
that objection in respect to the unaccounted loan is not
sustainable and in the present case all the four ingredients of
section 138 N.I Act has been proved by the complainant beyond
reasonable doubt. Issuance of cheque towards discharge of legal
liability proved by the complainant, dishonour of the cheque is
proved by returning memo Ex.CW1/2, legal notice has been
proved as Ex.CW1/3 because service of legal notices have been
admitted by the accused at the time of notice giving in writing
u/sec. 251 Cr.P.C and thus I am of the considered opinion that
accused has failed to rebut the presumption and essential
ingredients of offence u/sec. 138 N.I Act stands proved.