Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of two cheques - Presumption - Accused issued a Pronote for amount covered by cheques which states that it was being issued for loan - Defendant admitted that cheques and Pronote were signed by him - Defence taken by defendant that he allegedly issued 10 blank cheques in 1995 for repayment of loan, not..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/s 118, 139 of the Act - To seek favour of presumptions u/ss 118 139 of N.I.Act, a party has to first necessarily prove foundational facts in support of its complaint...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Once presumption arising u/s 118 r/w S.139 of the Act is raised, it can be rebutted by accused on preponderance of probability at trial - This can be done on basis of cross-examination of complainant and his witnesses, if any, and/or by leading independent defence..........
Negotiable Instruments Act, 1881, Section 138, 139, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Presumption of liability - Presumption has to be raised in favour of complainant regarding existence of legally recoverable debt - But, if an illegal consideration is relied upon by the complainant himself, then such presumption u/s 139 of N.I. Act, cannot be..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Insufficient funds - Complainant proved the issuance of cheque which contained signatures of accused and on presentation of cheque it was returned with endorsement "insufficient funds" - Bank official was produced as one of witnesses who proved the dishonour of cheque - Presumption u/s 139 of the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Cheque issued towards repayment of loan amount - Medical condition of accused - Evidence and material on record indicates that behavioural problems suffered by accused raising serious doubt about accused having signed the cheque and acknowledgment consciously and with the realization..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Cheque in question and signatures upon it not disputed by accused - However, defence of accused is that PW1 and others came to his house and criminally intimidated his mother and taken a blank cheques, which was later on misused by complainant - No reason given by accused for..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption of liability - Once signatures on instrument are admitted then it can be legally inferred that cheque in question was drawn for consideration...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption of liability - Accused admitted business relations with complainant - Balance amount against accused was clearly reflected in ledger account of complainant - Accused too acknowledged his liability on account reconciliation written on letter pad of his firm - Hence, cheque in..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Admission of issuance of cheque and signature on cheque - No defence evidence that cheque was issued as security - Evidence led by complainant is sufficient to hold presumption in favour of drawer of cheque - Offence u/s 138 of the Act held, established on record - Impugned order of..........
