Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Plea of issuance of blank cheque and signed blank papers - Statutory presumption cannot be obliterated - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Issuance of blank cheque and signed blank papers - Considering the fact that parties had business relationship, defence raised by accused that there was no legally enforceable liability on the date of issuance of cheque and that blank papers were misused by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Plea of issuance of blank cheque and signed blank papers - Once signatures are admitted then it has to be presumed that cheque was issued as consideration for a legally enforceable debt - Trial Court fell in error when it called upon complainant to explain the circumstances under..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque alleged to be issued for repayment of loan - However, accused contended that he had not taken any loan as alleged and that blank cheque signed by him was given by way of security which has been misused by complainant company - When accused pleaded that cheque was given..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit and prosecution u/s 138 of N.I. Act initiated - Both the proceedings can run parallel - Amount found not recoverable on merits by civil Court - Amount cannot be recovered in a prosecution u/s 138 of N.I. Act - Judgment of civil court is relevant in this context to decide as to whether amount..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Presumption u/s 139 of the Act - Complainant shown his capacity to advance hand loan of Rs.80,000 to accused - Factum of giving loan stands established from complaint and deposition of complainant - Complainant thus, proved beyond reasonable doubt that disputed cheque was issued by..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - From complaint and deposition of complainant factum of giving of loan stands established - Complainant proved beyond reasonable doubt that disputed cheque was issued by accused towards `legally enforceable debt..........
Agreement to sell -- Agreement does not reveal any obligation cast upon purchaser under it - No right has been conferred upon vendor to get it enforced against vendee - It does not reflect intention of respondent No.2 to enter into a legally binding contract and parties are not at consensus ad idem - Sale agreement cannot be held to be legally enforceable contract - At..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - S.139 of the Act is an example of reverse onus and therefore once an admission of issuance of cheque emanates from accused and signatures on cheques are admitted, there is always a presumption in favour of complainant that a legally..........
