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Results of legally recoverable debt in n i act

Showing : 1-10 of 40 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt - Presumption as to - Complainant failed to disclose date, month and year of alleged advancement of loan and remained silent on this - One FIR was also got referred against son of complainant on basis of statement made by accused - Cheque in question is dated 24.9.2014,..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Loan stated to be advanced in the month of April but date on which loan advanced not stated either in the complaint or in examinatio, i, chief - Contention that complainant lent the loan and in discharge of said loan accused issued the cheque to discharge the legally recoverable debt cannot..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally recoverable debt - Rebuttal of presumption - Accused need not enter into witness box by letting evidence - Accused can rebut evidence of complainant in cross examination...........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When complainant himself is unable to show source of income and capacity to pay and date of issuance of cheque throw suspicion and cloud in evidence of complainant, it is not possible to accept evidence of complainant that there is any legally recoverable debt payable by accused...........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Accused and complainant known to each other and accused borrowed loan of Rs.1 lakh from complainant - Complainant is income tax assessee - However, no document forthcoming from side of complainant to show that he had source of income and capacity to lend Rs.1 lakh to accused -..........

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt/liability - Where accused failed to satisfactorily explain circumstances under which cheque was issued by accused or misused by complainant, then it can be safely inferred/presumed that cheque was issued in discharge of legally recoverable debt/liability...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Unrebutted plea that cheque was issued to discharge liability or that it was issued towards legally recoverable debt has to be believed - Accused convicted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Issuance of cheque and that it pertains to his bank account admitted by accused in his statement u/s 313 Cr.P.C. - Bald plea in defence that cheque was given as security without documentary evidence - Unrebutted..........

KARNATAKA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 139, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Presumption of liability - Presumption has to be raised in favour of complainant regarding existence of legally recoverable debt - But, if an illegal consideration is relied upon by the complainant himself, then such presumption u/s 139 of N.I. Act, cannot be..........

DELHI HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Irrespective of complaint proceedings u/s 138 of the Act creditor has right to institute civil suit for recovery of his debt and same is recoverable only if it is a legally enforceable debt or other liability...........

Showing : 1-10 of 40 Results