Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - There is legal presumption that the cheque was issued for discharging an antecedent liability and that presumption can be rebutted only by the person who drew the cheque - This presumption is in favour of the holder of the cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused took the defence that she had kept the cheque duly signed by her in her house and cheque in question came into possession of accused in her absence - Plea of accused not believed as she in the natural course of conduct could not be expected to keep signed blank cheques in her..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint not stating that on the date of commission of offence, applicant was in any way in-charge of and responsible for the conduct of the business of the company - Complaint against applicant quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non appearance of complainant - Dismissal in default - Held, that great prejudice will be caused to complainant if his complaint goes undefended particularly when the amount involved is Rs.4.27 lakhs - Complaint restored...........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Presumption available is as to issuance of cheque for discharge of any debt or other liability - Existence of legally recoverable debt is not a matter of presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused need not examine himself to rebut the presumption - He may discharge the burden on the basis of materials already brought on record...........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Rebuttal - Standard of proof so as to prove a defence on the part of an accused is `preponderance of probabilities' - Inference of preponderance of probabilities can be drawn not only from the materials brought on records by the parties but also by reference to the circumstances upon which..........
Negotiable Instruments Act, 1881, Section 139 -- Dishonour of cheque - Presumption - Rebuttal - Question as to whether presumption stood rebutted or not has to be determined keeping in view the other evidences on record - Stepping into the witness box by the appellant is not imperative - Background fact and the conduct of the parties together with their legal requirements..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three ingredients of the provision are : (i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank for discharge in whole or in part of any debt or other liability which pre-supposes a legally enforceable debt; and (iii) that the cheque so issued had been..........
Limitation Act, 1963, Article 31 -- Limitation - Suit in relation to bill of exchange filed within three years of its dishonour - Held, suit is filed within limitation...........
