Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant failed to prove that cheque in question is towards discharge of existing legal liability, as there is no iota of evidence to prove the alleged transaction of purchase - Several admissions of complainant are fatal to his case as they have..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - It shall be presumed that every negotiable instrument made or drawn is for consideration and that every such instruments, when it has been accepted, endorsed, negotiated or transferred, was accepted, endorsed, negotiated or transferred for consideration, until the contrary is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Promissory note executed - Word `security' used in promissory note - It implies that once amount is paid cheque has to be returned - In case amount was not paid then cheque was liable to be presented for otherwise there was no logic or reason for their having been issued and handed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - As per accused, there is no legal liability/debt and advancement of loan as alleged by complainant - Accused disputed receipt and agreement to repay loan amount - Even otherwise, accused shall be afforded..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - If cheque is not issued in connection with legally enforceable debt, Court cannot come to conclusion that accused has committed an offence punishable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - As per evidence on record, cheque in question has been issued in respect of time barred debt and therefore accused cannot be fastened with liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Disputed signatures - Since, signatures on cheque-1 (Ex.P.1) is different from the signature found on cheque-2 (Ex.P.2) are mutually incongruous - Signatures found on cheques are nothing but forged signatures - Moreover, cheques in question have not been given in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once there is admission regarding signatures then S.139 of the Act mandates that cheque pertained to legally enforceable debt or liability - Such presumption is of rebuttable nature and onus shifts on accused to raise a probable defence...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Complaint by power of attorney holder - To draw presumption u/s 118 r/w S.139 of the N.I. Act, burden is heavily upon power of attorney holder to show that payee had required funds for advancing the amount to the accused and he issued the cheque in support of the said payment -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute an offence u/s 138 of Act, cheque should be given in discharge of a debt either in whole or in part or any liability - If cheque amount is higher than the debt or liability, S.138 of Act, would not get attracted...........
