Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admits her signature on cheque and issuance of said cheque - However, accused sets up a defence of issuing the cheque by way of security for loan of Rs.50,000, which is not even proved in accordance with law - Evidential burden which was cast on accused is not properly..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque is admitted by accused, there is presumption u/ss 118, 139 of the Act unless contrary is proved...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Quashing of complaint - Presumption u/s 139 of the Act or disputing the endorsement on the part of bank can always be raised during trial but same cannot be ground for quashing the complaint proceeding at initial stage...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Accused admittedly took loan from complainant - However, he failed to prove that he has discharged the entire loan liability - Signature on cheque is not denied by accused - Defence raised by accused not probable - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118A -- Dishonour of cheque - Appeal against acquittal - Cheque in question was not issued in the name of complainant - Complainant has failed to establish the ingredients of S.138 of the Act by discharging his initial burden to prove the existence of legally recoverable debt or liability - Provisions of Ss.118-A, 139 of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere fact that blank signed cheque had been procured by respondent even if taken at face value, does not obliterate the statutory presumption u/s 139 of the Act, unless cogent evidence is adduced to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Despite receiving statutory notice the same was not replied - Issuance of cheque not denied at the first available opportunity - Statutory presumption u/s 139 of the Act operates against accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Signature on cheque not disputed - It attracts presumption - However, said presumption is rebuttable on preponderance of probabilities...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
