Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Existing liability - Provisions of the Act does not lay down that cheque is required to be of existing liability - Word `existing' is not used in the statute...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank undated signed cheque can be used for initiating proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Filing in blank cheque shall not be always required treated as material alteration - Alteration in common parlance is understood to mean, something is already written which is changed/altered subsequently - Alteration is permissible if it is made in order to carry out common..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal of presumption - It is permissible for accused to rebut the same on the basis of evidence led by prosecution...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal of presumption - To rebut presumption on preponderance of probabilities, accused can point out contradictions/deficiencies in the evidence of prosecution - It is not necessary for accused to lead evidence in defence to rebut presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Payee or holder in due course has an additional remedy under civil law in addition to remedy under Criminal law - Both can be invoked simultaneously...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity - Once accused raises a probable defence and accused fails to prove his financial capacity, then it would not be appropriate to order conviction...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Presumption can be rebutted even by evidence led by prosecution - Not necessary for defence to lead evidence to rebut presumption...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Defence of accused that he made payment for the commodities/rice bags but blank cheques were not returned by complainant - Quite unbelievable and unacceptable...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence of complainant on..........
