Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Company - Complaint by power of attorney holder - When attorney is totally unaware as to how when and why cheque was issued, he cannot prove execution merely on the basis of available record - Presumption will arise only when execution of cheque is proved - If complainants witness has no..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature and execution of cheque is admitted, a statutory presumption arises u/ss 139, 118 of the Act that cheque was issued in discharge of a debt or a liability - This presumption is rebuttable but burden lies on accused to adduce cogent evidence...........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - S.118 (a) assumes that every negotiable instrument is made or drawn for consideration, while S.139 creates a presumption that holder of a cheque has received cheque in discharge of a debt or liability - Presumptions under both are rebuttable which can be rebutted by accused by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Hand loan - Presumption - Probable defence on the part of accused established - Burden shifts on complainant to establish his case beyond a reasonable doubt - Complainant failed to discharge this burden as (a) well wishers in whose presence cheque was given to complainant not examined as..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Presumption - Complaint and affidavit do not mention that cheque bears the signatures of accused - No official of bank was examined to establish the name of person, who had put the signatures on the cheque - In the absence of proof of signatures, a presumption u/ss 118(a), 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque is admitted by accused, there is presumption u/ss 118, 139 of the Act unless contrary is proved...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - When execution of negotiable instrument is admitted, passing of consideration is admitted and signature on cheque is admitted then Court may draw presumption u/s 118 of the Act and Court shall draw presumption u/s 139 of N.I Act in favour of holder of negotiable instrument...........
