Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - It shall be presumed unless the contrary is proved, that holder of a cheque received the cheque of the nature referred to in S.138 of the Act for discharge, in whole or in part, of any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the initial burden is discharged by complainant that cheque was issued by accused and signature and issuance of cheque is not disputed by accused, in that case, the onus will shift upon accused to prove the contrary that cheque was not for any debt or other liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - High Court acquitted the accused on the ground that complainant has not specifically stated the nature of transactions and source of fund - High Court did not dealt with and considered the law that presumption u/s 139 of the Act is a statutory presumption and once it is presumed that cheque is..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Issuance of cheque and signatures thereon admitted - Presumption is attracted in favour of complainant - In absence of contrary evidence on behalf of accused presumption goes in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once there is no denial of issuance of cheque and signatures thereupon, presumption available u/ss 118, 139 of the Act comes into play...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Loan transaction - Complainant established the fact that cheque was issued by accused and cheque was dishonoured for reason "Funds insufficient" and statutory notice was sent to accused - Accused failed to rebut statutory presumption either by cross-examination of complainant's..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea that loan was returned - Though discharge is pleaded, but no evidence adduced to substantiate it - Proper explanation also not given about non collection of cheque from complainant after repayment of amount - Presumption attracted stands unrebutted - Accused rightly convicted by trial Court -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - Complainant failed to establish as to when cheque in question was issued by accused - Accused itself had intimated fact of loss or theft of her signed cheques/cheque book to manager of bank, by issuing a letter - Accused had also given intimation to manager..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Merely suggesting to complainant that cheque was given as security is not sufficient to rebut statutory presumption which is in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
