Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused did not deny his signatures on cheque in question and that same pertains to his bank account - Court bound to draw presumption in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Computer generated invoice - Does not bear the signatures of the author...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - There is no requirement of law to produce income tax or sales tax returns - Simple legal requirement for complainant is to satisfy Court that cheque in question was issued by accused to discharge his legal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that cheque was issued in good faith - Not believable and is improbable in view of the fact that no one would issue a signed cheque in favour of another person, unless and until there is some transaction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - At time of presentation of cheque before bank there was no legally enforcement debt or liability in view of mortgage agreement executed between parties in which cheque was to be presented before bank after thirty months -..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Accused proved that cheque book issued to complainant in year 2005 and other cheques from cheque book were got encashed in year 2007 and 2008 - Further, on backside of cheque name and particulars of accused have..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Can be rebutted by raising a probable defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Source of money - There is no statutory requirement for complainant to prove his source of money and/or ability to advance loan...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 311 -- Dishonour of cheque - Loan transaction - Source of money - Additional evidence at appellate stage - Income tax returns and agreement to sell sought to be produced by complainant to show source and his capacity to advance loan to accused - Documents in question are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
