Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once reasonable ground/objection is taken by accused regarding non-existence of liability or issuance of cheque in discharge of legally enforceable debt, burden falls upon complainant to establish pre-requisite for attracting offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures of accused on cheque itself is not enough for conviction u/s 138 of the Act - Existence of debt or legally enforceable liability is sine qua non...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque drawn for purpose of securing job - Cheque issued for illegal contract - Cheque drawn not in support of any debt or liability as such same is not legally enforceable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Accused is discharged of the presumption the moment he raises reasonable suspicion with respect to due execution of cheque - Once such suspicion is created by an accused, burden of proof thereafter shift upon complainant to prove that cheque had been executed in discharge of a..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Legally enforceable debt - Documents produced by accused in his evidence before trial establishes that he has a business transaction with complainant and he issued cheque in favour of complainant in discharge of his liability - Even, DW1 failed to rebut presumption raised against him..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - It cannot be said that accused issued cheque in question in discharge of his legally enforceable debt or liability - Even, complainant failed to establish his case and therefore, there is no illegality committed by trial Court in acquitting accused - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Legally enforceable debt - Whether there is outstanding debt at the time of drawing of cheque or includes drawing of a cheque for a debt that is incurred before the cheque is encashed - Once payment becomes due, complainant is entitled in law to present the cheque for payment - Merely..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Complainant has successfully proved by leading cogent and convincing evidence that accused issued cheque in question in discharge of his lawful liability, but the same came to be dishonoured - Since despite issuance of legal notice accused failed to make good the payment,..........
