Failure to disclose the amount in Income Tax Return may be sufficient to rebut the presumption under Section 139 NI Act: High Court of Telengana.

The Court further observed that in the instant case the amount spent by the complainant was not shown in his income tax returns and the trial Court has rightly held that it creates a doubt regarding the financial position of the appellant and if he really spent that much amount, there must be record for him for withdrawal of amount from his bank account and spending the same.

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Read more about the article Joint complaint against an accused not maintainable under Section 138 N.I. Act: J&K High Court
Source: JK Legal Forum

Joint complaint against an accused not maintainable under Section 138 N.I. Act: J&K High Court

The Court held that the joint complaint filed by the respondents is not completely vitiated in law and, therefore, the complaint, which is still pending adjudication before the trial court, can still continue for and on behalf of one of the two complainants and the other complainant can be asked to chose his remedy separately as may be permissible in law.

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Defect of not supplying the list of prosecution witnesses before issuance of process is curable: J&K High Court

The Court observed thus, the defect of not supplying the list of prosecution witnesses before issuance of process is curable, as Section 465 Cr.P.C. would come to the rescue of the respondent. On the aforesaid facts and circumstances, the Court dismissed the petition.

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Person cannot be prosecuted under Section 138 NIA, when the Cheque was neither signed by him nor drawn from his account: Supreme Court

The Court observed that even in case of joint liability, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence under Section 138 of the NI Act.

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Supreme Court | A blank cheque voluntarily signed and handed over by the accused towards some payment would attract presumption under Section 139 of the NIA, 1881

The Court observed that even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the ACT in the absence of any cogent evidence to show that the cheque is not issued in discharge of a debt.

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