Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant had given different versions regarding consideration and his version regarding issuance of a cheque in discharge of legal liability for a valuable consideration became doubtful - Accused denied his signatures on the cheque - Presumption u/s 139 of the Act will not be attracted - Acquittal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice - Legal notice was sent on 19.12.2018, therefore, for want of any specific averment and proof of service, if the presumption of service of notice in reasonable time is raised, it should be deemed to have been served at best within a period of 30 days, from the date of its post i.e...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admits her signature on cheque and issuance of said cheque - However, accused sets up a defence of issuing the cheque by way of security for loan of Rs.50,000, which is not even proved in accordance with law - Evidential burden which was cast on accused is not properly..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once signature on cheque is admitted by accused, there is presumption u/ss 118, 139 of the Act unless contrary is proved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Initial burden cast on complainant discharged by him - Defence of accused that cheque has been issued in favour of one `P' and misused by complainant to file a false case against accused not proved, as no positive action is taken by accused like filing a police complaint or issuing a legal notice or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Recall of complainant for cross-examination - Statutory presumption u/s 138 of the Act against accused has to be dislodged by way of materials and cross-examination - Admittedly, complainant was not cross-examined - Cross-examination of complainant is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction itself, calling upon complainant to prove the transaction again does not arise at all - It is for accused to rebut the presumption, but he has not taken any pain to substantiate his claim regarding repayment - Accused..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Quashing of complaint - Presumption u/s 139 of the Act or disputing the endorsement on the part of bank can always be raised during trial but same cannot be ground for quashing the complaint proceeding at initial stage...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
Negotiable Instruments Act, 1881, Section 138, 94, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Through courier service - Notice sent through courier service is valid service u/s 138 of the Act - However, for the purpose of getting benefit of presumption of service u/s 27 of General Clauses Act, notice must be sent through registered post...........
