Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Includes the existence of a legally enforceable debt or liability - Presumption is a rebuttable presumption - It is open to accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested - If accused is able to raise a probable defence,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hire purchase agreement - Post dated cheques issued to repay the loan - Default in repayment of some instalments - Complainant took possession of vehicle and sole the same and realized the sale proceeds - Cheques subsequently put for clearance got dishonoured do not fall within the ambit of legally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards advance payment - Indicates that at the time of drawal of cheque, there was no existing liability - Offence u/s 138 of the Act is committed only when there is legally enforceable debt or other liability subsisting on the date of drawal of cheque - In other words, drawal of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or other liability - Debt which cannot be recovered in a civil suit cannot be recovered by way of instituting a criminal case u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Summoning order - Revision against - Revisionist personally did not have legally enforceable debt or liability towards complainant/opposite party No.2 - Facts of complaint do not disclose ingredients of offence u/s.138 of N.I. Act against revisionist -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Presumption includes the presumption of the existence of a legally enforceable debt or liability - It is for the accused to explain his case and defend it once the fact of cheque bouncing is prima facie established...........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Complaint u/s 138 of the Act - Legally enforceable debt - Cheque dishonoured with remark `payment stopped by drawer' - There is loan transaction between complainant/respondent and accused/applicant - Accused admitted transaction, execution of documents and receipt of demand notice -..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Can be tried as summons case when (i) there is denial of issuance of cheque; (ii) denial of signatures; (iii) or that there is no legally enforceable debt or liability - In such cases proper chances of defence has to be given to the accused - Magistrate shall record an order after hearing the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Held, debt or liability referred to u/s 138 of the NI Act means debt or liability which existed on the date on which cheque was issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Held, if a cheque is for an amount more than that due by accused, S.138 of the NI Act is not attracted...........
