Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - There is presumption that accused issued cheque in discharge of debt or liability - This presumption is a rebuttable presumption...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant failed to prove beyond reasonable doubt that debt was legally recoverable on the date of the cheques in question - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Withdrawing cash from bank and paying to the accused instead of issuing the cheque in favour of accused - Held, it is not necessary for the complainant to issue cheque to the accused and it is not proper to doubt the version of the complainant merely because he chose to advance hand-loan by cash...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Not proper to doubt the complainant when he advanced the hand-loan by cash instead of issuing a cheque to the accused - Trial Court unreasonably expected the complainant to examine eye witnesses to the hand-loan when it was not essential because there was documentary evidence in favour..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption that cheque was issued in discharge of debt - Rebuttal - This onus can only be discharged who issues cheque if he proves to the contrary - Such a proof cannot be accepted in proceedings under Art.226 of the Constitution...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Stop payment - Held, statutory presumption u/s 139 that cheque was dishonoured can be drawn - But said presumption is rebuttable by adducing evidence to sow that stoppage of payment was not done due to insufficient funds - Material on record indicate that drawer had grievance against complainant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque admitted - Presumption u/s 139 is applicable that cheque was issued towards discharge of a debt or liability until the contrary is established by the maker...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Transaction and handing over of cheque totally denied - Veracity of the prosecution case as to transaction and execution of cheque has to be examined in reference to the materials tendered by the prosecution...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution denied - Burden is on the complainant to prove that the instrument was duly executed by the maker...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Pre-mature complaint - Cognizance if taken after mandatory period as prescribed u/s 142 of the Act then complaint not to be dismissed as pre mature...........
