Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
Money suit -- Suit based on dishonoured cheque - Suit against successors of deceased drawer of cheque - Once it is proved that cheque bears signature of deceased drawer then there is presumption u/s 118(a)(b) and 139 of Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Borrowing of amount by defendant is clearly narrated by PW2/scribe of suit promissory note, in his evidence - Plaintiff issued a legal notice to defendant, but he did not choose to give any reply by denying suit promissory note - Defendant is unable to show any reason or circumstance to disbelieve the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Unless contrary is proved, it is to be presumed that a holder of a cheque, received the cheque of the nature referred to in S.138 of the Act for the discharge in whole or in part of any debt or liability - However, the onus of proving that cheque was not in discharge of any debt or..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Presumption - Complaint and affidavit do not mention that cheque bears the signatures of accused - No official of bank was examined to establish the name of person, who had put the signatures on the cheque - In the absence of proof of signatures, a presumption u/ss 118(a), 139 of the Act..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - When signature on cheque admitted then presumption u/s 139 of the Act shall arise...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused not led defence evidence - His statement u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption - Merely pleading not guilty would not suffice to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.3,60,000/- without interest - Loan given in May, 2016 - Cheque of Rs.1,80,000/- towards part payment issued in July, 2019 - Presumption - Not rebutted - Merely because complainant is unable to produce documents to support existence of debt (usually in the form of a friendly loan..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Not rebutted - Onus does not shift upon complainant - Accused cannot be acquitted by holding that no interest was charged, friendly relations between parties not proved, financial capacity not established and most importantly, guilt of accused not proved beyond reasonable doubt...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - Plaintiff discharged his initial burden by examining scribe of promissory notes, as there are no attestors to promissory notes - Evidence of scribe well supports the case of plaintiff - To rebut the evidence of plaintiff, defendant except examining herself did not produce any evidence -..........
