Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere fact that blank signed cheque had been procured by respondent even if taken at face value, does not obliterate the statutory presumption u/s 139 of the Act, unless cogent evidence is adduced to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact can only be adjudicated after parties have duly adduced their evidence - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obligated to make a just and equitable choice and cannot go beyond its..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Repayment of entire loan amount - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by documentary evidence by complainant - Rebuttal of presumption by giving suggestions to complainant is uncalled..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused admitted the financial transaction between her and complainant - Issuance of cheque has to be considered as towards legally enforceable debt - Defence of accused of alleged repayment of entire loan must be adduced by accused unless it is specifically admitted orally or by..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea that loan was returned - Though discharge is pleaded, but no evidence adduced to substantiate it - Proper explanation also not given about non collection of cheque from complainant after repayment of amount - Presumption attracted stands unrebutted - Accused rightly convicted by trial Court -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence was taken by accused that amount column of cheque was forged and to prove it, handwriting expert was examined - Complainant neither adduced evidence to prove that cheque was issued for discharge of debt or other liability nor explained reason for change made in the amount column of cheque -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - S.139 of the Act reveals that there is mandate of presumption of existence of liability and upon proof of issuance of cheque the onus shifts to the accused to rebut the presumption that the cheque was issued not for discharge of any debt or liability in terms of S.138 of the Act - In..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Presumption u/s 139 of the Act is that holder of a cheque received the cheque for the discharge, in whole or in part, of any debt or other liability - To rebut this presumption, facts must be adduced by accused which on preponderance of probability (not beyond reasonable..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant be afforded one more opportunity to adduce evidence by producing and marking cheque return memo in question through a competent witness - Matter is remanded to trial Court for fresh disposal, after affording opportunity to parties to adduce fresh evidence in continuation of evidence already..........
