Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Relevant date for determining the existence of a legally enforceable debt or liability under the Act would be date of presentation/maturity of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Relevant date for determining the existence of a legally enforceable debt or liability under the Act would be date of presentation/maturity of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Undated cheques in question were given as security and on breach of conditions of contract they were presented for encashment which were dishonoured - Petitioners cannot shirk their liability to pay cheque amount to complainant by taking plea that there was no legally enforceable debt or liability..........
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..........
Limitation Act, 1963, Section 18 -- Acknowledgment of debt - Surety bond executed on 23.09.1996 - In the year 2000 in reply notice defendant acknowledged liability - Suit filed in the year 2002 - Plaintiff need not plead the waiver to get over the bar of limitation in the light of acknowledgment of liability - Such acknowledgement of liability by defendants allowed fresh..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Plea that cheque was issued during course of business and not for discharge, in whole or in part, of any debt or liability - In view of presumption u/s 139 of the Act, it will be presumed that said cheque was issued in discharge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere presentation of cheque issued by accused would not amount to acceptance of any debt or liability - Complainant had to show that cheque was issued for an existing debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution admitted - S.139 of the Act mandates the presumption that cheque was issued for the discharge of any debt or other liability...........
