Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Plea that it cannot be taken to be issued in lieu of legally enforceable liability - Held, even if blank cheque is given towards liability or even as security, when the liability is assessed and quantified, if the cheque is filled up and presented to the bank, the person who had drawn the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When a cheque is given after receipt of loan the same cannot be termed as having been given for security purposes - It can well be presumed to be in discharge of legally enforceable liability - Unless the accused fails to prove the return of loan amount, the cheque cannot be termed to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant must prove that cheque was issued towards discharge of legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Only legally enforceable debt or liability can be enforced in the proceedings u/s 138 of the Act, as the explanation to the penal provision is abundantly clear that the dishonoured cheque must have been received by the complainant against a legally enforceable debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Continuous business dealings - Rs.3 lakhs as outstanding dues - Five cash credit memos produced in evidence - Cheques issued towards part payment - Existence of legally enforceable debt outstanding in the name of accused at the material time becomes evident from the testimony..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards time barred debt - No acknowledgment within time - Not a legally enforceable debt - No offence u/s 138 of the Act - Acquittal of accused upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Loan advanced by a money lender doing business of money lending without licence - Cheque issued not for liability enforceable in law - S.138 of the Act not applicable to such transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Issuance of cheque towards time barred debt is not a legally enforceable debt within the meaning of S.138 of the Act - Complaint and all proceedings emanating therefrom quashed...........
Agreement to sell -- Specific performance - Agreement to sell does not clothe the vendee with any lien, or property right, but merely entitles him to claim specific performance of the contract, if it is enforceable in law, on application of equitable principles...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant failed to prove beyond reasonable doubt that debt was legally recoverable on the date of the cheques in question - Complaint dismissed...........
