Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard of proof in discharge of the burden is preponderance of a probability - Inference can be drawn not only from the materials brought on record but also from the reference to the circumstances upon which the accused relies upon - Burden of proof on accused is not as..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - It is for drawer to rebut presumption - In absence of rebuttal evidence, it is to be presumed that cheque was issued for discharge of debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque in discharge of legal liability - Presumption as to - Rebuttable - To rebut presumption it is not necessary to lead positive evidence - Presumption can be rebutted from the circumstances on record - For rebutting such presumption, what is needed is to raise a probable defence -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal of presumption as to issuance of cheque in discharge of legal liability - Complainant a businessman not producing any account to prove advancement of loan - Failure to produce even loan agreement - Presumption stands rebutted - To rebut presumption accused need not to lead positive..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Denial of issuance of cheque - Held, once cheque is duly singed by accused, mere denial of issuing cheque is not sufficient to rebut the presumption available u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Consideration - Cheque issued towards investment in one of the complainants' Fixed Deposit Schemes - Cheque is issued without consideration or that it was not issued towards the discharge of any debt or liability - Order by Revisional Court setting aside the order issuing process cannot be faulted..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued towards time barred debt - Once the cheque is issued, accused cannot contend that it is not in respect of legally enforceable debt - Time barred debt is also valid consideration...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Time barred debt - Loan transaction taking place in 1994 and cheque for repayment of loan issued for the year 1999 - Loan amount became time barred in the year 1997 - Held, there is no legal bar for the debtor agreeing to pay the time barred debt - No fresh consideration is required for debtor's..........
Negotiable Instruments Act, 1881, Section 139, 138, 118 -- Dishonour of cheque - Cheque issued to discharge liability under a promissory note - Presumption under Sections 118 and 139 can be invoked when cheque is issued for discharge of a liability already existing under the promissory note...........
Negotiable Instruments Act, 1881, Section 139, 118 -- Dishonour of cheque - Presumption - Cheque issued to discharge liability under a promissory note - When presumption u/s 139 can be drawn it is superfluous and unnecessary to draw or bank on the presumption u/s 118 of the Act - As the graver presumption of existence of consideration of a specified variety, is available..........
