Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt/liability - Where accused failed to satisfactorily explain circumstances under which cheque was issued by accused or misused by complainant, then it can be safely inferred/presumed that cheque was issued in discharge of legally recoverable debt/liability...........
Negotiable Instruments Act, 1881, Section 138, 139, 20 -- Dishonour of cheque - Other entries in cheque not filled by accused - Does not absolve accused from liability arising from the cheque - S.20 of the Act draws presumption in favour of holder of the cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Mere denial regarding existence of debt - Not rebuttal - To rebut presumption accused may adduce evidence...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Court below found that cheque contained signatures of accused and it was given to complainant to present in Bank, said act raises presumption u/s 139 of the Act, which was not rebutted by accused - Even, accused did not come in the witness box to support his case - Rather, accused in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back unserved - Notice served by accused through counsel - Plea that counsel issued notice without her instructions - Since no complaint was lodged against counsel in Bar Council as such it clearly indicates that registered notice was sent on the instructions of accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.Ten Lakhs - Compensation of Rs.12,69,000/- awarded after adding interest @ 9% from the date of issuance of cheque till date of delivery of judgment by trial Court - Held, said compensation shall further carry interest @ 9% per annum from the date of judgment of trial Court till actual payment..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Unrebutted plea that cheque was issued to discharge liability or that it was issued towards legally recoverable debt has to be believed - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption has to be drawn in favour of holder of cheque, unless otherwise proved - Issuance of cheque and that it pertains to his bank account admitted by accused in his statement u/s 313 Cr.P.C. - Bald plea in defence that cheque was given as security without documentary evidence - Unrebutted..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company - Director had resigned much prior to issuance and dishonour of cheque in question - He was not even signatory of cheque - Petitioner thus, not liable for criminal prosecution - If such proceedings are allowed to continue, same will be miscarriage of justice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not replied - It automatically means that accused admitted his liability and he did not chose to contest the legal notice...........
