Negotiable Instruments Act, 1881, Section 118 -- Pronote - Presumption - Execution - Plea of defendant that Commission Agents had obtained his signatures on blank form of pronote-cum-register on the pretext of getting him bonus - Solitary statement of defendant in this regard cannot be accepted to substantiate the said version when plaintiff and marginal witnesses of..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Conviction - Both Courts below have found that complainant has proved due execution and issuance of cheque - There was no attempt from the side of accused to rebut the presumption available u/ss 139 and 118 of NI Act to complainant - On receiving statutory notice accused remained silent - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 118 and 139 - Accused persons admitted issued cheques in question - Held, presumption u/s.118 and 139 of NI Act is available to complainant - No evidence was adduced by accused persons to rebut presumption or to show that they have repaid amount - Held, Magistrate justified in..........
Negotiable Instruments Act, 1881, Section 138, 118, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque issued by accused regarding work of supply of electricity, water and road construction - Cheque dishonoured for insufficient funds - Cheque was not undated and same was drawn for consideration - Held, there is presumption..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Legally enforceable debt - Complainant established his case that he lent Rs.1,10,000/- to petitioner on his request who agreed to repay - Plea of accused that he issued blank signed cheques to another person but complainant somehow managed to collect one of such cheques and made a false claim -..........
Negotiable Instruments Act, 1881, Section 118 -- Execution of pronote - Presumption as to - Both Courts below gave concurrent finding of fact that plaintiff has been able to prove execution of pronote and receipt and passing consideration - Defendant simply denied execution of pronote and receipt - Pronote and receipt are thumb marked by defendant - He has not chosen to..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption in favour of holder - Execution of dishonoured cheque admitted by accused - Held, presumption as envisaged u/s.118 and 139 of Negotiable Instruments Act is available to complainant...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Conviction - Legality - No reply was sent by revision petitioner/accused to statutory notice issued by complainant - Accused neither cross-examined witnesses nor let in any evidence to rebut the presumption u/s 139 of NI Act - In statement u/s 313 CrPC, about the incriminating materials, he..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/s.118 and 139 - Legal and enforceable debt - Petitioner/accused neither issued any reply to statutory notice nor cross-examined complainant - He did not let in oral evidence by way of examining defence witness and did not produce any documents - Held, presumption u/s.118 and 139..........
Negotiable Instruments Act, 1881, Section 4, 20, 118 -- Promissory note - Consideration - Proof - Plaintiff not simply placed reliance on the admission of defendant concerning his signature in suit pronote - Plaintiff examined himself and deposed in consonance and in conformity with averments in plaint - One of the attesting witnesses deposed in support of plaintiff's case..........
