Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant alleged that accused gave cheque in question towards discharge of liability of price of grains purchased by him - There was no documentary evidence to show transaction - Complainant did not return cheques taken as security despite payment - Held, possibility of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning orders - Quashing of - Cheques issued by petitioners against supply of desktop were dishonoured - Plea taken by petitioners that cheques were issued as security and not as a liability - Held, it has to be presumed that when a cheque was issued..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Complainant had given loan of Rs.1,50,000/- to accused - Cheque issued by accused for re-payment of loan amount got dishonoured - Accused did not deny his signature on cheque - Accused could not lead any evidence as contemplated u/s.139 as he did not choose to file reply to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Advancement of friendly loan of Rs. 2,00,000/- by petitioner/complainant to respondent/accused - Allegation that in order to discharge liability in relation to aforesaid transaction respondent issued cheque which got dishonoured - Admittedly, name in cheque was filled in..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Acquittal - Leave to appeal - Respondent No.2 rebutted presumption provided u/s.118(a) and S.139 of NI Act, 1881 by denying that he had received Rs.80,000/- from petitioner - By eliciting testimony from petitioner that he had no proof of payment of Rs.80,000/- to respondent No.2 and that he..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Admission regarding issuance of cheque - Effect - Held, mere admission regarding issuance of cheque will not attract all ingredients u/s.138 of the Act - Such admission would only compel Court to draw legal presumption u/s.139 of the Act and same is rebuttable one...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused did not appear in the witness box to support his case and to state that he never issued the cheque in question against any outstanding liability towards respondent - Held, statutory presumption u/s 139 of the Act has not been rebutted by petitioner...........
Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Conviction - Execution of cheque not in dispute - Plea taken by accused that no legal debt payable by him as cheque in question was issued as security - Plea falsified by DW1 who categorically stated that accused took loan from the complainant - Revision dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque drawn in favour of "self" - Complainant not payee of cheque - Accused acquitted as complainant is not payee of cheque - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - It is rebuttable presumption and standard of proof is that of preponderance of probabilities - Accused need not to enter the witness box to rebut the presumption - Accused can rely on the material submitted by complainant - If accused is able to raise..........
