Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Debt or liability - Rebuttable presumption - Issuance of cheques by petitioner to the tune of 10 lakhs to respondent/complainant - Cheques dishonoured - No material on record to show that petitioners owed a sum of Rs.10 lakhs to complainant - Only a statement by complainant that some amount is due to complainant -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Signatures admitted - Held, once signatures in the impugned cheques were admitted then there is presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued against loan - Loan denied - No proof of lending money - Even month or year of loan not disclosed - Held, when complainant does not place on record any material of lending money then it is sufficient to infer that accused is able to rebut the presumption available in favour of the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Available only when it is proved that cheque was drawn by accused - To draw a cheque it must be prepared by the drawer himself or cause the relevant details in the cheque to be filled up by another person under his instructions but the cheque shall be signed by the drawer..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption is available only when it is proved that cheque was drawn by the accused - Court can decide this only from evidence produced on record as to whether cheque was filled by accused or by the complainant under instructions of accused or it was filled by..........
Negotiable Instruments Act, 1881, Section 139 -- Presumption - Rebuttal - Presumption need not be rebutted only by leading defence evidence - Presumption can be rebutted even on the basis of fact elicited in the cross examination of the complainant...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption u/ss 139 & 118(a) are rebuttable ones - Presumption whether stood rebutted or not depends upon the facts and circumstances of each case...........
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 -..........
