Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - S.139 of the Act is an example of reverse onus and therefore once an admission of issuance of cheque emanates from accused and signatures on cheques are admitted, there is always a presumption in favour of complainant that a legally..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - Accused admitted his legal liability/obligations towards complainant for an amount of Rs.42,70,000 - Three post dated cheques were issued consequent upon execution of agreement between parties, thereby raising presumption u/ss 139, 118 of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant stated that accused borrowed Rs.25,000 from him due to personal relation - However, accused did not enter into witness box and not denied by adducing evidence of himself that he has not borrowed money from complainant - Presumption u/s 139 of the Act will survive - Version..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused not denied the fact that cheque was signed by him - Loan amount was advanced on basis of personal relation - Preparation of loan documents thus, not required - Accused not entered into witness box - Version of complainant not rebutted by accused - When legal presumption..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When legal presumption is available in favour of complainant which is not rebutted, no corroboration is required to version of complainant by submitting income tax return...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not give reply to notice issued to him - It is not a case of accused that he has not signed the cheque - Though no account register or income tax return was produced by complainant, but when accused himself has not denied borrowing money and did not enter into witness box,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Security cheque - Once accused admits issuance of cheque which bears his signature, there is presumption that there exists a legally enforceable debt or liability - However, such presumption is rebuttable and accused is required to lead evidence to rebut such presumption - Accused is required to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant failed to establish that cheque was drawn by accused on an account mandated by him with a banker, which on presentation was dishonoured for insufficiency of funds - Necessary ingredients of offence u/s 138 of the Act not established by complainant - Presumption u/s 139 of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Once issuance of cheque is admitted/established, presumption would arise u/s 139 of the Act in favour of holder of cheque...........
