Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused successfully created doubt against the story put forth by complainant that complainant had given a sum of Rs.12.80 lakhs to the accused by making payment through instalments - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Admittedly, accused has not led any defence evidence - Considering nature of transactions between parties and read with presumption u/s 139 of the Act that cheque was issued against discharge of existing debt or other liability, plea of accused that cheque was issued by way of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Admittedly, cheques issued were blank cheques and they were filled by complainant - Even a blank cheque leaf voluntarily signed and handed over by accused which is towards some payment would attract presumption u/s 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - On the basis of a document which complainant stated that it pertains to some other transactions - It is for accused to rebut the presumption in the manner known to law - No interference warranted in the findings of two Courts below - Accused rightly convicted...........
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 did not lead any evidence to rebut the presumption - Statement of accused recorded u/s 313 Cr.P.C. is not a substantive evidence of defence, but only an opportunity to accused to explain the incriminating circumstances..........
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, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant not a licensed money lender - Presumption u/s 139 of the Act not available - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused neither replied to legal notice issued by complainant nor denied his signatures in the cheque - Even, no oral and documentary evidence had been let in by accused to prove his case - Whereas complainant has proved his case by letting in cogent evidence -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Plea of issuance of blank cheque and signed blank papers - Statutory presumption cannot be obliterated - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt...........
