Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Respondent purchased a trailer from complainant in year 2006 and agreement was executed between parties - As per said agreement, respondent undertaken to pay outstanding instalments of vehicle purchased by him from complainant - However, in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Once borrowing of amount by accused from complainant stood proved on record, the same shall be treated as debt and once such debt was taken by accused and he had issued cheques in lieu thereof, it cannot be said that there was no legally enforceable debt or liability as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant failed to prove on record that cheques issued in discharge of a legally enforceable debt - He himself admitted that cheques in question had been given by accused to him for safe dealing as agreement to sell executed between parties - If cheques are used for a certain contract/agreement and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Loan transaction - Discrepancies regarding dates of loan transaction - Accused having monthly income of Rs.4671/- and loan of Rs.2.50 lakhs was sanctioned with equated monthly instalments of R.5160/- which was much more than his entire monthly earnings - Loan was sanctioned..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant and two accused were shareholders of one company - Complainant wanted to exist from company and offered to sell his shares to accused - MOU executed between parties - Complainant received the amounts only if he surrender share certificates with duly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Appeal against acquittal - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Moreover, preponderance of probabilities lies completely in favour of accused - Further, the case of complainant is required to rest on..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - No documentary evidence to show that complainant had given the amount as loan to accused - Complainant says that she has receipt of loan amount paid in instalments but no such receipt produced - Probable defence was taken by accused - Complainant failed to prove that there was legally..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque issued by a guarantor - A cheque issued by a guarantor is also a cheque as per S.138 of the Act as one being issued in discharge of legally enforceable debt - S.138 of the Act nowhere provides that cheque drawn should be in discharge of drawer's liability alone - It could be in discharge of..........
