Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove even a single document so as to satisfy the Court that any loan agreement entered into between company and accused - Even in affidavits given by Company`s authorized witnesses, there is no reference of any loan agreement - Complaint did not reflect as to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Legally enforceable debt - Loan transaction - Accused resident of Pune and complainant resident of Pali - There is no reason as to why accused would travel all the way down to Pali for taking loan of a sum of Rs.1,60,000 from person with whom, he had no connection whatsoever - Complainant is an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Complainant had no financial capacity to give hand loan for a huge sum of Rs.9 lakhs to accused - Existence of legally enforceable debt against accused thus, not proved - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Burden of proof - When accused admitted his signature in cheques, burden is on him to prove that cheques were not issued for a `legally enforceable debt'...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Signature on cheque not disputed - Plea that cheque issued in the name of Firm was removed from his office table not convincing nor the same is supported by any evidence - Statutory presumption not satisfactorily rebutted - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Holder of cheque(s), a statutory presumption, is leveraged qua his holding it, in discharge of a legally enforceable debt, or other liabilities, entered into interse him and the complainant - However, afore endeavour is also extremely weak besides, flimsy, given the afore echoing,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once cheque has been signed and issued in favour of holder, there is a statutory presumption that it is issued in discharge of legally enforceable debt or liability - This presumption, of course is rebuttable one if issuer of cheque is able to discharge the burden that it was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused himself admitted that he gave three cheques to complainant, thereby accused made false G.D entry regarding missing of cheques - It is also shown from conduct of accused that he did not recognize any importance to demand notice being not signed by concerned advocate - Complainant successfully..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - When presumption is drawn then result of such presumption is to existence of legally enforceable debt and factors relating to want of documentary evidence in the form of receipts or accounts or want of evidence such as regards source of funds are not of relevant consideration..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued under and in pursuance of agreement to sell - An agreement to sell does not create any interest in immoveable property, it nonetheless constitutes a legally enforceable contract between the parties to it - Payment made in pursuance of such an agreement is a..........
