Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by way of security - Held, if there is dishonour of a cheque issued by way of security and not issued towards discharge of legally enforceable debt or other liability, such dishonour would not come within purview of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption in favour of complainant - Inference - Cheque admitted by petitioner/accused - Held, presumption therefore has to be drawn in favour of complainant not only to the effect that cheque was issued towards discharge of liability but at the same time presumption also extends to the inference..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque in question was given for existing debt and for future liability with interest - When subsequently particulars were filled in, it cannot be said that at the time when cheque was deposited there was no legally enforceable..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - It is rebuttable presumption and standard of proof is that of preponderance of probabilities - Accused need not to enter the witness box to rebut the presumption - Accused can rely on the material submitted by complainant - If accused is able to raise..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Agreement to sell property - Transaction for sale of a site - Agreement shows that complainant had received Rs.2,00,000/- from accused as consideration for selling a site which he did not do - Cheque in possession of complainant was not issued in respect of any debt or legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Case of accused that he had handed over the cheque only as a security - Though he had discharged debt/liability due to complainant but cheque was not returned to him - Held, contention is unacceptable since accused did not send any notice nor did he take any action to get back..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt or liability - Accused had been able to prove that he had made payment of Rs.3,40,000/- to complainant, but not a single share was transferred in his favour as per agreement proved by complainant himself - Held, appellate Court below has rightly come to the conclusion..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Date on cheque with different ink - Merely for this reason it cannot be concluded that complainant might have obtained the cheque by using undue influence - As signatures on cheque were admitted as such it is for the accused to prove that cheque issued was not for discharge of debt or liability..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Appellant-complainant admitted in his cross-examination that he had given Rs.1,50,000/- to "S" and that he had never met accused prior to coming to court - The said defence was also raised by accused while giving reply to notice served by complainant - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Complainant No.2 filed complaint as power of attorney of complainant No.1 - Authenticity of copy of General Power of Attorney in his favour was not proved - He also failed to prove that he was authorized or entitled to possession of cheques in his name - Held,..........
