Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Is rebuttable presumption and onus is on accused to raise probable defence - Standard of proof for rebutting presumption is that of preponderance of probabilities - In instant case, accused has succeeded in rebutting presumption, showing preponderance of probability..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - Conviction - There is 3 months gap as to dates of cheque and to the date of presentation and the dates of events are inexplainable by complainant - Thus, accused established a probable defence and presumption u/ss 118, 139 of the Act stand rebutted - In absence of any other..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once issuance of cheque and signatures thereupon are not denied, presumption starts in favour of holder of cheque and once such presumption starts, onus shifts upon person issuing 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, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Accused not disputed his signatures on cheque in question - Prima facie there is no fact proved on record to rebut presumption in favour of holder of cheque - Defence raised by accused seems to be an afterthought and did not inspire confidence to both the Courts..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Complainant has successfully proved by leading cogent and convicting evidence that accused issued cheque in question for discharge of his lawful liability - Accused failed to rebut the presumption of issuance of cheque in favour of complainant - Since despite..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures not disputed - It is for accused to show in what circumstances cheque had been issued i.e. why was it not a cheque issued in due course...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court acted on a letter of advocate and interfered with order of conviction passed by trial Court - Even, on the face of it appellate Court unnecessarily gave importance to a G.D. entry number which was reflected in notice although original G.D. entry was never..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Burden is on accused to make out a probable defence - Accused need not step into witness box or adduce direct evidence - It would suffice if accused is in a position to create a reasonable doubt that version of complainant is false...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused has to bring on record circumstances which may lead the Court to believe that consideration and debt did not exist or it was so probable that a prudent man would act upon the plea that they did not exist...........
