Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Held, it is a rebuttable presumption and standard of proof for doing so is that of preponderance of probabilities - Therefore, if accused is able to raise a probable defence which creates doubts about existence of legally recoverable debt or liability, prosecution can fail - In order..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - There is variance between prosecution case with regard to issuance of cheque for alleged work - Accused was able to rebut presumption and raise a probable defence that there was no legally recoverable debt - Held, burden shifted on compliant that there was an agreement with..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Extent of - Held, it is settled proposition that presumption raised in favour of holder of cheque does not extend to the extent that cheque was given for discharge of any debt or liability - It is required to be proved by complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque drawn on Bank at place `B' - Dishonoured by drawee Bank at `B' - Demand notice received at `B' and failure to pay within 15 days also occurred at `B' - Held, Courts at place `K' have no jurisdiction to entertain complaint...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Appellant/complaint failed to tell Court the date on which loan was given to accused/respondent - He has merely made a vague allegation - Held, he has not been able to establish that cheque in dispute was given to him in order to discharge a debt or a liability - Even if..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - In the notice dated 09.01.1996, complainant has not taken the stand that in fact he came to know about dishonour of cheque on 27.12.1995 - Moreover, even in his testimony before Court, complainant has not taken such stand - Magistrate held that complainant knew about dishonor of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Liability of officers - Held, every person who was i, charge of and was responsible to company for conduct of business of company, as well as company, is responsible for offence - A heavy burden is on the shoulder of such person to show that offence has been committed without..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Certain civil suits are pending between the parties - Held, it will not bestow any right to petitioners to stop proceedings under NI Act when necessary ingredients of NI Act are fulfilled by respondent...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Special leave to appeal - Opportunity of hearing to accused - Held, at the stage of hearing for granting special leave to appeal against order of acquittal in High Court in complaint case, opportunity of hearing to accused is not necessary - By hearing complainant, his counsel and by perusal..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque given to brother of complainant not to discharge debt or liability but by way of security - Presumption u/s 139 of the Act, held, rebutted - Acquittal - Leave to appeal refused...........
