Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Documents produced by accused in his evidence before trial establishes that he has a business transaction with complainant and he issued cheque in favour of complainant in discharge of his liability - Even, DW1 failed to rebut presumption raised against him..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Whether or not accused has repaid the entire amount, is a question which can only be decided on basis of evidence led before trial Court - Even, authorized person having due knowledge of factum of transaction of having witnessed the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature on cheque not denied - There is thus, presumption in favour of complainant - Suggestion that cheque was issued not to the complainant, when denied, needs some corroborating evidence and without that presumption is not rebutted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Issuance of cheque by DW1 in favour of appellant company is not disputed - Even, PW2 deposed that respondent no.1 company took loan from bank and fixed deposit certificate was in name of appellant company was kept as a collateral security for said..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused has succeeded in rebutting presumption, showing preponderance of probability and hence onus shifts upon complainant to prove otherwise, however complainant has failed to prove that cheque was drawn towards legally enforceable debt - Inference of preponderance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Issuance of cheque and signature of accused in cheques are not in dispute - Cheques came to be issued on account of cancellation of sale agreement and therefore, initial burden is discharged by complainant by placing necessary oral and documentary evidence on record - Trend to cross..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant enjoys presumption available to him u/s 118 & 139 of the Act as per issuance of cheque and signature found on the cheque - In order to rebut presumption, in evidence of accused there is no cogent and convincing evidence on record to rebut presumption available to complainant - Trial Court..........
