Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of handwriting of accused on cheque - Accused disputed writing with which body of cheque was filled - However, accused admitted her signatures on cheque - Even if writing on body of cheque in question not found to be of accused by FSL, he cannot be given any leverage or benefit, particularly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It is statement of complainant which has rebutted presumption regarding cheque that it was issued towards discharge of legal liability - Even, during cross-examination complainant admitted that he is not aware about business of accused for which alleged loan was advanced -..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Leave to appeal against acquittal - Complainant in his cross examination stated that he does not know as to for what purpose accused has taken money from him - Even, complainant has not shown loan paid by him to accused in his income tax..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Statutory presumption u/s 118 of the Act is rebuttable presumption - To rebut such presumption, there need not be direct evidence - Even circumstances, even admission from parties can be taken note of to rebut presumption...........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Non-reply to legal notice sent by plaintiff - Mere no, reply to notice is not an admission of liability, but conduct of defendant in not disputing the document at earliest point of time cannot be ignored altogether...........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Presumption - Execution of promissory note proved by plaintiff with the help of attesting witness - Legal presumption u/s 118 of the Act attracted - Defendant has not brought any circumstance to rebut said presumption - By mere denial of signatures on promissory note, one cannot succeed in rebutting legal..........
Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Consideration - Presumption - Promissory note executed towards payment of dowry as security for such payment - No consideration passed under promissory note - More so, four persons executed the promissory note - Plaintiff not disclosed that one of said persons not signed promissory note - He thus,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Non executive Directors - In absence of any further averments as to their role in the company at the time of commission of offence, presumption u/s 141 of the Act cannot be raised against them - Summoning order and proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Language of S.139 of the Act does not refer that initial presumption of consideration is in favour of complainant and the words `unless contrary is proved' means that burden to rebut said presumption is upon the accused - Presumption contained in S.139 of the Act is a rebuttable..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is signed and issued in favour of holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability - This presumption is a rebuttable one, if issuer of cheque is able to discharge burden that it was issued for some other..........
